519
Fund FY2025-26 FY2026-27 FY2027-28 FY2028-29 FY2029-30 FY2030-45 Total Airport Operating Fund (600) $0 $107,680 $0 $0 $0 $0 $107,680 Federal Grant- Airport (601) $0 $1,022,960 $0 $0 $0 $0 $1,022,960 TOTAL $0 $1,130,640 $0 $0 $0 $0 $1,130,640
PROJECT
FUNDING
AIRPORT LAYOUT PLAN AND TECHNICAL STUDIES
Project No.: AR202720
Project Justification:
The Airport Layout Plan (ALP) Update with Narrative Report will provide a comprehensive planning study of the Livermore Municipal Airport (LVK) that meets prescribed criteria set forth by the Federal Aviation Administration (FAA). The FAA recommends that airports update their planning documents every 7-10 years, or as demand dictates, to ensure plans are up-to-date and reflect current conditions, FAA regulations, and consider future activities and operations that could take place. The last FAA-prescribed planning study for LVK is over 10 years old, which was an ALP Update and Narrative Report completed in 2014. The current study will be funded through the FAA’s Infrastructure Investment and Jobs Act (IIJA) Airport Infrastructure Grant (AIG), which provides 95% of the total project cost.
CAPITAL IMPROVEMENT PLAN
Airport
FY 2025-2030 CAPITAL IMPROVEMENT PLAN
Airport
520
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT
AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION (FAA) ACCEPTING $301,550 TO UPDATE THE ELECTRIC MASTER UTILITY PLAN AND
APPROPRIATE THE NECESSARY FUNDS TO COMPLETE THE PROJECT The Livermore Municipal Airport is a public-use airport owned and operated by the City of Livermore and is subject to the jurisdiction and requirements of the FAA.
The Electric Master Utility Plan will assist the Livermore Municipal Airport to understand its electrical needs for the next 10 years by assessing the existing electrical infrastructure, projecting three future demand scenarios based on a series of development considerations and operational changes, and determining what improvements are needed to meet one future demand scenario. The final deliverable of this project is a 10-year development strategy that identifies what electrical utility improvements are needed, when they should occur, and how they might be funded.
On July 20, 2026, the City submitted an application to the FAA for Airport Infrastructure Grant funding for the Electric Master Utility Plan. Following review of the City's application, the FAA notified the City that the project had been selected for funding.
The FAA is expected to transmit the Airport Infrastructure Grant Agreement electronically.
The acceptance of FAA grant funds and appropriation of those funds to prepare the Electric Master Utility Plan does not constitute a project under the California Environmental Quality Act (CEQA) Section 21065 and CEQA Guidelines Section 15378.
The appropriation of funds for preparation of the Utility Plan does not have the potential for resulting in either a direct or a reasonably foreseeable indirect physical change to the environment. Therefore, no environmental review under CEQA is required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby:
1. Authorizes the City Manager, or designee, to accept and execute the FAA Airport Infrastructure Grant Agreement, in substantial conformance with the sample grant agreement, attached hereto as Exhibit A;
2. Appropriates $301,550 in FAA grant funds to Capital Improvement Project AR202720 for the Electric Master Utility Plan;
3. Appropriates $30,874 from the Livermore Municipal Airport Enterprise Fund to Capital Improvement Project AR202720 to satisfy the required local match and provide for additional project budget flexibility;
4. Authorizes the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution, including making changes to the grant funding documents, which shall be approved as to form by the City Attorney.
521
On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on September 14, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Tara Mazzanti
Olivia Nashed Tara Mazzanti
City Clerk Senior Assistant City Attorney
Exhibit A – Sample Grant Agreement
522
U.S. Department
of Transportation
Federal Aviation
Administration
Airports Division
Western-Pacific
Region
San Francisco Airports
District Office:
California
2999 Oak Road, Suite 200
Walnut Creek, CA 94597
The Grant Offer for
is
Airport
attached
Improvement
for execution.
Program
This letter
(AIP)
outlines
Project
the
No.
steps you must take to properly
atenter into this agreement and provides other useful information. Please read the conditions, special conditions, and assurances that comprise the grant offer carefully.
You may not make any modification to the text. terms or conditions of the grant offer.
Steps You Must Take to Enter Into Agreement.
To properly enter into this agreement, you must do the following:
1. The governing body must give authority to execute the grant to the indivldual(s) signing the grant, i.e., the person signing the document must be the sponsor's authorized representative(s) (hereinafter "authorized representative").
2. The authorized representative must execute the grant by adding their electronic signature to the appropriate certificate at the end of the agreement.
3. Once the authorized representative has electronically signed the grant, the sponsor's attorney(s) will automatically receive an email notification.
4. On the same day or after the authorized representative has signed the grant, the sponsor's attorney(s) will add their electronic signature to the appropriate certificate at the end of the agreement.
5. If there are co-sponsors, the authorized representative(s) and sponsor's attorney(s) must follow the above procedures to fully execute the grant and finalize the process. Signatures must be obtained and finalized no later than
6. The fully executed grant will then be automatically sent to all parties as an email attachment.
Payment. Subject to the requirements in 2 CFR § 200.305 (Federal Payment), each payment request for reimbursement under this grant must be made electronically vla the Delphi elnvolcing System. Please see the attached Grant Agreement for more Information regarding the use of thls System.
Project Timing. The terms and conditions of this agreement require you to complete the project without undue delay and no later than the Period of Performance end date (1,460 days from the grant execution 1 EXHIBIT A
523
date). We will be monitoring your progress to ensure proper stewardship of these Federal funds. We. expect you to submit payment requests for reimbursement of alJowable incuned pr_oject expens� consistent with project progress .. Your grant may be placed in "inactive" status if you do not make draws on a regular basis, which will affect your ability to receive future grant offers. Costs incurred after the Period of Performance ends are generally not allowable and will be rejected unless authorized by the FAA in advance.
Reporting. Until the grant is completed and closed, you a re responsible for submitting formal reports as follows:
► For all grants, you must submit by December 3l51 of each year this grant is open:
1. A signed/dated SF-270 (Request for Advance or Reimbursement for non-construction projects) or SF-271 or equivalent (Outlay Report and Request for Reimbursement for Construction Programs), and
2. An SF-425 (Federal Financial Report).
► For non-construction projects, you must submit FAA Form 5100-140. Performance Re12ort.within 30 days of the end of the Federal fiscal year.
► For construction projects, you must submit FAA Form 5370-1, Construction Progress and.
Inspection Report within 30 days of the end of each Federal fiscal quarter.
Audit Requirements. As a condition of receiving Federal assistance under this award, you must comply with audit requirements as established under 2 CFR Part 200. Subpart F requires non-Federal entities that expend $1,000.000 or more in Federal awards .to conduct a single or program specific audit for th at year. Note that this includes Federal expenditures made under other Federal-assistance programs.
Please take appropriate and necessary action to ensure your organization will comply with applicable audit requirements and standards.
Closeout. Once the project(s) is completed and all costs are determined, we ask that you work with your FAA contact indicated below to close the project without delay and submit the necessary final closeout documentation as required by your Region/Airports District Office.
FAA Contact Information. Lemuel del Castillo, (925) 546-6440, [email protected] is the assigned program manager for this grant and is readily available to assist you and your designated representative with the requirements stated herein.
We sincerely value your cooperation in these efforts and look forward to working with you to complete this important project.
Sincerely,
Am CVloi
Amy Choi 9/18/202510:S0:03 POT)
Amy Choi
Manager
2 EXHIBIT A
524
U.S. Department
of Transportation
Federal Aviation
Administration
FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM (AIP) Federal Award Offer Date
Airport/Planning Area
Airport Infrastructure Grant
Number
Unique Entity Identifier
GRANT AGREEMENT
Part I - Offer
T
O: -'--------------------------
!herein caHed the "Sponsor") (For Co-Sponsors, list all Co-Sponsor names. The word "Sponsor" in this Grant Agreement also applies to a Co-Sponsor.)
FROM: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA")
WHEREAS, the Sponsor has submitted to the FAA a Project Application dated , for a grant of Federal funds for a project at or associated with the , which is included as part of this Grant Agreement; and
WHEREAS, the FAA has approved a project for the
consisting of the following:
Upgrade Airfield Guidance Signs and Taxiway Designations which is more fully described in the Project Application. (herein called the "Project")
NOW THEREFORE, Pursuant to and for the purpose of carrying out the ntle 49, United States Code (U.S.c.), Chapters 471 and 475; 49 U.S.C. §§ 40101 et seq., and 48103; FAA Reauthorization Act of 2018 3 EXHIBIT A
525
(Public Law Number (P.L.) 115-254); the Department ofTransportation Appropriations Act, 2021 ( P.l. 116-260, Division L); the Consolidated Appropriations Act, 2022 ( P.l. 117-103); Consolidated Appropriations Act, 2023 ( P.L. 117-328); Consolidated Appropriations Act, 2024 (P.L. 118-42); Consolidated Appropriations Act, 2025 {P.l. 119-4); FAA Reauthorization Act of 2024 (P.L. 118-63}; and the representations contained in the Project Application; and in consideration of: (a) the Sponsor's adoption and ratification of the Grant Assurances dated April 2025, interpreted and applied consistent with the FAA Reauthorization Act of 2024; (b) the Sponsor's acceptance of this Offer; and (cl the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the Grant Assurance and conditions as herein provided;
THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay {95) % of the allowable costs incurred accomplishing the Project as the United States share of the Project.
Assistance listings Number (Formerly CFDA Number): 20.106 This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
CONDITIONS
1. Maximum
-
Obligation. The maximum obligation of the United States payable under this Offer is The following amounts represent a breakdown of the maximum obligation for the purpose of establishing allowable amounts for any future grant amendment, which may increase the foregoing maximum obligation of the United States under the provisions of 49 U.S.C. § 47108{b):
$0 for planning
for airport development or noise program implementation; and, $0 for land acquisition.
2. Grant Performance. This Grant Agreement Is subject to the following Federal award requirements:
a. Period of Performance:
1. Shall start on the date the Sponsor formally accepts this Agreement and is the date signed by the last Sponsor signatory to the Agreement. The end date of the Period of Performa nee is 4 years (1,460 calendar days) from the date of acceptance. The Period of Performance end date shall not affect, relieve, or reduce Sponsor obligations and assurances that extend beyond the closeout of this Grant Agreement.
2. Means the total estimated time Interval between the start of an initial Federal award and the planned end date, which may include one or more funded portions or budget periods (2 Code of Federal Regulations (CFR) § 200.1) except as noted in 49 U.S.C § 47142(b). b. Budget Period:
1. For this Grant is 4 years (1,460 calendar days) and follows the same start and end date as the Period of Performance provided in paragraph 2(a)(l). Pursuant to 2 CFR § 200.403(h), the Sponsor may charge to the Grant only allowable costs incurred during the Budget Period except as noted in 49 U.S.C § 47142(b},
2. Means the time interval from the start date of a funded portion of an award to the end date of that funded portion during which the Sponsor is authorized to expend the funds awarded, Including any funds carried forward or other revisions pursuant to 2 CFR § 200.308. c. Close Out and Termination
4 EXHIBIT A
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Unless the FAA authorizes a written extension, the Sponsor must submit all Grant closeout documentation and liquidate {pay-off) all obligations incurred under this award no later than 120 calendar days after the end date of the Period of Performance. If the Sponsor does not submit all required closeout documentation within this time period, the FAA will proceed to close out the grant within one year of the Period of Performance end date with the information available at the end of 120 days (2 CFR § 200.344). The FAA may terminate this agreement arid all of its obligations under this agreement if any of the following occurs:
(a) {1) The Sponsor fails to obtain or provide any Sponsor grant contribution as required by the agreement;
(2) A completion date for the Project or a component of the Project is listed in the agreement and the Recipient fails to meet that milestone by six months after the date listed in the agreement;
{3) The Sponsor fails to comply with the terms and conditions of this agreement, including a material fallure to comply with the Project Schedule even if it is beyond the reasonable control of the Sponsor;
(4) Circumstances cause changes to the Project that the FAA determines are inconsistent with the FAA's basis for selecting the Project to receive a grant; or {5) The FAA determines that termination of this agreement is in the public interest. (b) In terminating this agreement under this section, the FAA may elect to consider only the interests of the FAA.
(c) The Sponsor may request that the FAA terminate the agreement under this section.
3. Ineligible or Unallowable Costs. In accordance with 49 U.S.C. § 49 U.S.C. § 47110, the Sponsor is prohibited from including any costs in the grant funded portions of the project that the FAA has determined to be ineligible or unallowable, including costs incurred to carry out airport development implementing policies and Initiatives repealed by Executive Order 14148, provided such costs are not otherwise permitted by statute.
4. Indirect Costs - Sponsor. The Sponsor may charge indirect costs under this award by applying the indirect cost rate Identified in the project application as accepted by the FAA, to allowable costs for Sponsor direct salaries and wages.
5. Determining the Final Federal Share of Costs. The United States' share of allowable project costs will be made In accordance with 49 U.S.C. § 47109, the regulations, policies, and procedures of the Secretary of Transportation ("Secretary"), and any superseding legislation. Final determination of the United States' share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs.
6. Completing the Project Without Delay and in Conformance with Requirements. The Sponsor must carry out and complete the project without undue delays and in accordance with this Agreement, 49 U.S.C. Chapters 471 and 475, the regulations, policies, and procedures of the Secretary. Per 2 CFR § 5 EXHIBIT A
527
200.308, the Sponsor agrees to report and request prior FAA approval for any disengagement from performing the project that exceeds three months or a 25 percent reduction in time devoted to the project. The report must include a reason for the project stoppage. The Sponsor also agrees to comply with the grant assurances, which are part of this Agreement.
7. Amendments or Withdrawals before Grant Acceptance. The FAA reserves the right to amend or withdraw thls offer at any time prior to its acceptance by the Sponsor.
8. Offer Expiration Date. This offer will expire and the United States will not be obligated to pay any part of the costs of the project unless this offer has been accepted by the Sponsor on or before or such subsequent date as may be prescribed In writing by the FAA.
9. Improper Use of Federal Funds and Mandatory Disclosure. a. The Sponsor must take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner for any project upon which Federal funds have been expended. For the purposes of this Grant Agreement, the term "Federal funds" means funds however used or dispersed by the Sponsor, that were originally paid pursuant to this or any other Federal grant agreement. The Sponsor must obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. The Sponsor must return the recovered Federal share, including funds recovered by settlement, order, or judgment, to the Secretary. The Sponsor must furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share require advance approval by the Secretary.
b. The Sponsor, a recipient, and a subrecipient under this Federal grant must promptly comply with the mandatory disclosure requirements as established under 2 CFR § 200.113, including reporting requirements related to recipient integrity and performance in accordance with Appendix XII to 2 CFR Part 200.
10. United States Not Liable for Damage or Injury. The United States is not responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this Grant Agreement.
11. System for Award Management (SAM) Registration and Unique Entity Identifier (UEI}. a. Requirement for System for Award Management (SAM): Unless the Sponsor is exempted from this requirement under 2 CFR § 25.110, the Sponsor must maintain the currency of its information in the SAM until the Sponsor submits the final financial report required under this Grant, or receives the final payment, whichever is later. This requires that the Sponsor review and update the information at least annually after the initial registration and more frequently if required by changes in information or another award term. Additional information about registration procedures may be found at the SAM website (currently at http://www.sam.gov). b. Unique entity identifier (UEI) means a 12-character alpha-numeric value used to identify a specific commercial, nonprofit or governmental entity. A UEI may be obtained from SAM.gov at https://sam.gov/content/entity-registration.
6 EXHIBIT A
528
12. Electronic Grant Payment(s). Unless otherwise directed by the FAA, the Sponsor must make each payment request under this Agreement electronically via the Delphi elnvoicing System for Department ofTransportation (DOT) Financial Assistance Awardees.
13. Informal Letter Amendment of AIP Projects. If, during the life of the project, the FAA determines that the maximum grant obligation of the United States exceeds the expected needs of the Sponsor by $25,000 or five percent (5%), whichever is greater, the FAA can issue a letter amendment to the Sponsor unilaterally reducing the maximum obligation.
The FAA can also issue a letter to the Sponsor increasing the maximum obligation if there is an overrun in the total actual eligible and allowable project costs to cover the amount of the overrun provided it will not exceed the statutory limitations for grant amendments. The FAA's authority to increase the maximum obligation does not apply to the "planning'' component of Condition No. 1, Maximum Obligation.
The FAA can also issue an informal letter amendment that modifies the grant description to correct administrative errors or to delete work items if the FAA finds it advantageous and in the best interests of the United States.
An informal letter amendment has the same force and effect as a formal grant amendment.
14. Environmental Standards. The Sponsor is required to comply with all applicable environmental standards, as further defined in the Grant Assurances, for all projects in this grant. If the Sponsor fails to comply with this requirement, the FAA may suspend, cancel, or terminate this Grant Agreement.
15. Financial Reporting and Payment Requirements. The Sponsor will comply with all Federal financial reporting requirements and payment requirements, including submittal of timely and accurate reports.
16. Buy American. Unless otherwise approved in advance by the FAA, In accordance with 49 U.S.C. § 50101, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured goods produced outside the United States to be used for any project for which funds are provided under this Grant. The Sponsor will include a provision implementing Buy American in every contract and subcontract awarded under this Grant.
17. Build America, Buy America. The Sponsor must comply with the requirements under the Build America, Buy America Act (P.L. 117-58).
18. Maximum Obligation Increase. In accordance with 49 U.S.C. § 47108(b)(3), as amended, the maximum obligation of the United States, as stated in Condition No. 1, Maximum Obligation, of this Grant:
a. May not be increased for a planning project;
b. May be increased by not more than 15 percent for development projects, if funds are available; c. May be increased by not more than the greater of the following for a land project, if funds are available:
1. 15 percent; or
2. 25 percent of the total increase in allowable project costs attributable to acquiring an interest in the land.
7 EXHIBIT A
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If the Sponsor requests an increase, any eligible increase in funding will be subject to the United States Government share as provided in 49 U.S.C. § 47110, or other superseding legislation if applicable, for the fiscal year appropriation with which the increase i's funded. The FAA is not responsible for the same Federal share provided herein for any amount increased over the initial grant amount. The FAA may adjust the Federal share as applicable through an informal letter of amendment.
19. Audits for Sponsors.
PUBLIC SPONSORS. The Sponsor must provide for a Single Audit or program-specific audit in accordance with 2 CFR Part 200. The Sponsor must submit the audit reporting package to the Federal Audit Clearinghouse on the Federal Audit Clearinghouse's Internet Data Entry System at http://harvester.census.gov/facweb/. Upon request of the FAA, the Sponsor shall provide one copy of the completed audit to the FAA. Sponsors that expend less than $1,000,000 In Federal awards and are exempt from Federal audit requirements must make records available for review or audit by the appropriate Federal agency officials, State, and Government Accountability Office. The FAA and other appropriate Federal agencies may request additional information to meet all Federal audit requirements.
20. Suspension or Debarment. When entering into a "covered transaction" as defined by 2 CFR § 180.200, the Sponsor must:
a. Verify the non-Federal entity ls eligible to participate in this Federal program by:
1. Checking the System for Award Management (SAM.gov) exclusions to determine if the nonFederal entity is excluded or disqualified; or
2. Collecting a certification statement from the non-Federal entity attesting they are not excluded or disqualified from participating; or
3. Adding a clause or condition to covered transactions attesting the individual or firm are not excluded or disqualified from participating.
b. Require prime contractors to comply with 2 CFR § 180.330 when entering into lower-tier transactions with their contractors and sub-contractors. c. Immediately disclose in writing to the FAA whenever (1) the Sponsor learns they have entered into a covered transaction with an ineligible entity or (2) the Public Sponsor suspends or debars a contractor, person, or entity.
21. Ban on Texting While Driving.
a. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, December 30, 2009, the Sponsor Is encouraged to:
1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving when performing any work for, or on behalf of, the Federal government, including work relating to a grant or subgrant.
2. Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as:
L Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and
8 EXHIBIT A
530
ii. Education, awareness, and other outreach to employees about the safety risks associated with texting while driving.
b. The Sponsor must insert the substance of this clause on banning texting while driving in all subgrants, contracts, and subcontracts funded with this Grant.
22. Trafficking in Persons.
1. Posting of contact information.
a. The Sponsor must post the contact information of the national human trafficking hotline (including options to reach out to the hotline such as through phone, text, or TTY) in all public airport restrooms.
2. Provisions applicable to a recipient that Is a private entity. a. Under this Grant, the recipient, its employees, subrecipients under this Grant, and subrecipient's employees must not engage in:
I. Severe forms of trafficking in persons;
ii. The procurement of a commercial sex act during the period of time that the grant or cooperative agreement is in effect;
iii. The use of forced labor in the performance of this grant; or any subaward; or Iv. Acts that directly support or advance trafficking in persons, including the following acts;
a) Destroying, concealing, removing, confiscating, or otherwise denying an employee access to that employee's identity or immigration documents; b) Failing to provide return transportation of pay for return transportation costs to an employee from a country outside the United States to the country from which the employee was recruited upon the end of employment if requested by the employee, unless:
1. Exempted from the requirement to provide or pay for such return transportation by the federal department or agency providing or entering into the grant; or
2. The employee is a victim of human trafficking seeking victim services or legal redress in the country of employment or witness in a human trafficking enforcement action;
c) Soliciting a person for the purpose of employment, or offering employment, by means of materially false or fraudulent pretenses, representations, or promises regarding that employment;
d) Charging recruited employees a placement or recruitment fee; or e) Providing or arranging housing that fails to meet the host country's housing and safety standards.
b. The FAA may unilaterally terminate this Grant or take any remedial actions authorized by 22 U.S.C. § 7104b(c), without penalty, if any private entity under this Grant:
i. Is determined to have violated a prohibition In paragraph (2)(a) of this Grant; or ii. Has an employee that is determined to have violated a prohibition in paragraph(2)(a) of this Grant through conduct that is either:
a) Associated with the performance under this Grant; or 9 EXHIBIT A
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b) Imputed to the recipient or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement)," as implemented by the FAA at 2 CFR Part 1200.
3. Provisions applicable to a recipient other than a private entity. a. The FAA may unilaterally terminate this award or take any remedial actions authorized by 22 U.S.C. § 7104b(c), without penalty, if subrecipient than is a private entity under this award:
i. Is determined to have violated a prohibition in paragraph (2)(a) of this Grant or ii. Has an employee that Is determined to have violated a prohibition in paragraph (2)(a) of this Grant through conduct that Is either:
a) Associated with the performance under this Grant; or b) Imputed to the recipient or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by the FAA at 2 CFR Part 1200.
4. Provisions applicable to any recipient.
a. The recipient must inform the FAA and the DOT Inspector General Immediately of any information you receive from any source alleging a violation of a prohibition in paragraph (2)(a) of this Grant.
b. The FAA's right to unilaterally terminate this Grant as described in paragraphs (2)(b) or (3)(a) of this Grant, implements the requirements of 22 U.S.C. chapter 78, and is in addition to all other remedies for noncompliance that are available to the FAA under this Grant.
c. The recipient must include the requirements of paragraph (2)(a) of this Grant award term in any subaward It makes to a private entity.
d. If applicable, the recipient must also comply with the compliance plan and certification requirements in 2 CFR 175.l0S(b).
5. Definitions. For purposes of this Grant award, term:
a. "Employee" means either:
i. An individual employed by the recipient or a subreclpient who is engaged in the performance of the project or program under this Grant; or ii. Another person engaged In the performance of the project or program under this Grant and not compensated by the recipient Including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing requirements.
b. "Private Entity" means:
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i. Any entity, including for-profit organizations, nonprofit organizations, institutions of higher education, and hospitals. The term does not include foreign public entities, Indian Tribes, local governments, or states as defined in 2 CFR 200.1. ii. The terms "severe forms of trafficking in persons," "commercial sex act," "sex trafficking," "Abuse or threatened abuse of law or legal process," "coercion," "debt bondage,'1 and "involuntary servitude" have the meanings given at section 103 of the lVPA, as amended (22 U.S.C. § 7102).
23. AIP Funded Work Included in a PFC Application. Within 120 days of acceptance of this Grant Agreement, the Sponsor must submit to the FAA an amendment to any approved Passenger Facility Charge (PFC) application that contains an approved PFC project also covered under this Grant Agreement as described in the project application. The airport sponsor may not make any expenditure under this Grant Agreement until project work addressed under this Grant Agreement is removed from an approved PFC application by amendment.
24. Exhibit "A" Property Map. The Exhibit "A" Property Map dated is incorporated herein by reference or is submitted with the project application and made part of this Grant Agreement.
25. Employee Protection from Reprisal. In accordance with 2 CFR § 200.217 and 41 U.S.C. § 4701, an employee of a grantee, subgrantee contractor, recipient or subrecipient must not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in paragraph (a)(2) of 41 U.S.C. 4712 information that the employee reasonably believes is evidence of gross mismanagement of a Federal contract or grant, a gross waste of Federal funds, an abuse of authority relating to a Federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a Federal contract (including the competition for or negotiation of a contract) or grant. The grantee, subgrantee, contractor, recipient, or subrecipient must inform their employees in writing of employee whistleblower rights and protections under 41 U.S.C. § 4712. See statutory requirements for whistleblower protections at 10 U.S.C. § 4701, 41 U.S.C. § 4712, 41 U.S.C. § 4304, and 10 U.S.C. § 4310.
26. Prohibited Telecommunications and Video Surveillance Services and Equipment. The Sponsor agrees to comply with mandatory standards and policies relating to use and procurement of certain telecommunications and video surveillance services or equipment in compliance with the National Defense Authorization Act [P .L. 115-232 § 889(f)(l)] and 2 CFR § 200.216.
27. Critical Infrastructure Security and Resilience. The Sponsor acknowledges that it has considered and addressed physical and cybersecurity and resilience in its project planning, design, and oversight, as determined by the DOT and the Department of Homeland Security (DHS). For airports that do not have specific DOT or OHS cybersecurlty requirements, the FAA encourages the voluntary adoption of the cybersecurity requirements from the Transportation Security Administration and Federal Security Director identified for security risk Category X airports.
28. Title VI of the Civil Rights Act, As a condition of a grant award, the Sponsor shall demonstrate that it complies with the provisions ofTitle VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq) and implementing regulations (49 CFR part 21), the Airport and Airway Improvement Act of 1982 (49 U.S.C. § 47123), the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794 et seq.), the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101, et seq.), U.S. Department of Transportation and Federal Aviation Administration (FAA) Assurances, and other relevant civil rights statutes, regulations, or authorities, including any 11 EXHIBIT A
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amendments or updates thereto. This may include, as applicable, providing a current Title VI Program Plan to the FAA for approval, in the format and according to the timellne required by the FAA, and other Information about the communities that will be benefited and impacted by the project. A completed FAA Title VI Pre-Grant Award Checklist is required for every grant application, unless excused by the FAA. The Sponsor shall affirmatively ensure that when carrying out any project supported by this grant that it compiles with all federal nondiscrimination and civil rights laws based on race, color, national origin, sex, creed, age, disability, genetic information, in consideration for federal financial assistance, The Department's and FAA's Office of Civil Rights may provide resources and technical assistance to recipients to ensure full and sustainable compliance with Federal civil rights requirements. Failure to comply with civil rights requirements will be considered a violation of the agreement or contract and be subject to any enforcement action as authorized by law.
29. FAA Reauthorization Act of 2024. This grant agreement is subject to the terms and conditions contained herein including the terms known as the Grant Assurances as they were published in the Federal Register on April 2025. On May 16, 2024, the FAA Reauthorization Act of 2024 made certain amendments to 49 U.S.C. chapter 471. The Reauthorization Act will require FAA to make certain amendments to the assurances in order to best achieve consistency with the statute. Federal law requires that FAA publish any amendments to the assurances in the Federal Register along with an opportunity to comment. In order not to delay the offer of this grant, the existing assurances are attached herein; however, FAA shall Interpret and apply these assurances consistent with the Reauthorization Act. To the extent there is a conflict between the assurances and Federal statutes, the statutes shall apply. The full text of the FAA Reauthorization Act of 2024 is at https:ljwww.congress.gov/bill/118th-congress/house-bill/393S/text.
30. Applicable Federal Anti-Discrimination Laws. The sponsor agrees:
a. that its compliance in all respects with all applicable Federal anti-discrimination laws is material to the government's payment decisions for purposes of section 3729(b)(4) of title 31, United States Code; and
b. to certify that it does not operate any programs promoting diversity, equity, and inclusion (DEi) that violate any applicable Federal anti-discrimination laws.
31. Federal Law and Public Policy Requirements. The Sponsor shall ensure that Federal funding Is expended in full accordance with the United States Constitution, Federal law, and statutory and public policy requirements: including but not limited to, those protecting free speech, religious liberty, public welfare, the environment, and prohibiting discrimination; and the Sponsor will cooperate with Federal officials in the enforcement of Federal law, Including cooperating with and not impeding U.S. Immigration and Customs Enforcement (ICE) and other Federal offices and components of the Department of Homeland Security in and the enforcement of Federal immigration law.
32. National Airspace System Requirements
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a. The Sponsor shall cooperate with FAA activities installing, maintaining, replacing, improving, or operating equipment and facilities In or supporting the National Airspace System, Including waiving permitting requirements and other restrictions affecting those activities to the maximum extent possible, and assisting the FAA in securing waivers of permitting or other restrictions from other authorities. The Sponsor shall not take actions that frustrate or prevent the FAA from installing, maintaining, replacing, improving, or operating equipment and facilities in or supporting the National Airspace System.
b. If FAA determines that the Sponsor has violated subsection (a), the FAA may impose a remedy, including:
(1) additional conditions on the award;
(2) consistent with 49 U.S.C chapter 471,.any remedy permitted under 2 C.F.R. 200.339- 200.340, including withholding of payments; disallowance of previously reimbursed costs, requiring refunds from the Recipient to the DOT; suspension or termination of the award; or suspension and debarment under 2 C.F.R. part 180; or (3) any other remedy legally available.
c. (In imposing a remedy under this condition, the FAA may elect to consider the Interests of only the FAA.
d. The Sponsor acknowledges that amounts that the FAA requires the Sponsor to refund to the FAA due to a remedy under this condition constitute a debt to the Federal Government that the FAA may collect under 2 C.F.R. 200.346 and the Federal Claims Collection Standards (31 C.F.R. parts 900-904 ).
33. Signage Costs for Construction Projects. The Sponsor agrees that it will require the prime contractor of a Federally- assisted airport improvement project to post signs consistent with a DOT/FAAprescribed format, as may be requested by the DOT/FAA, and further agrees to remove any signs posted in response to requests received prior to February 1, 2025.
34. Title 8 - U.S.C., Chapter 12, Subchapter II - Immigration. The sponsor will follow applicable federal laws pertaining to Subchapter 12, and be subject to the penalties set forth in 8 U.S.C. § 1324, Bringing in and harboring certain aliens, and 8 U.S.C. § 1327, Aiding or assisting certain aliens to enter
SPECIAL CONDITIONS
35. Lighting. The Sponsor must operate and maintain the lighting system during the useful life of the system in accordance with applicable FAA standards.
36. Plans and Specifications Approval Based Upon Certification. The FAA and the Sponsor agree that the FAA's approval of the Sponsor's Plans and Specification is based primarily upon the Sponsor's certification to carry out the project in accordance with policies, standards, and specifications approved by the FAA. The Sponsor understands that:
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a. The Sponsor's certification does not relieve the Sponsor of the requirement to obtain prior FAA approval for modifications to published FAA airport development grant standards or to notify the FAA of any limitations to competition within the project; b. The FAA's acceptance of a Sponsor's certification does not limit the FAA from reviewing appropriate project documentation for the purpose of validating the certification statements; and
c. If the FAA determines that the Sponsor has not complied with their certification statements, the FAA will review the associated project costs to determine whether such costs are allowable under this Grant and associated grants.
37. Buy American Executive Orders. The Sponsor agrees to abide by applicable Executive Orders in effect at the time this Grant Agreement is executed, including Executive Order 14005, Ensuring the Future Is Made in All of America by All of America's Workers.
38. Duffy Plaintiff Special Term. Pursuant to the court's preliminary injunction order in State of California v. Duffy, 1:25-cv-00208-JJM-PAS (D.R.I.} (June 19, 2025), DOT will not impose or enforce the challenged immigration enforcement condition* or any materially similar terms and conditions, to any grant funds awarded, directly or indirectly, to Plaintiff States or local government entities within those States (collectively referred to as "Plaintiff State Entitles"), or otherwise rescind, withhold, terminate, or take other adverse action, absent specific statutory authority, based on the challenged immigration enforcement condition while DOT is subject to an injunction. DOT will not require Plaintiff State Entities to make any certification or other representation related to compliance with the challenged immigration enforcement condition nor will DOT construe acceptance of funding from DOT as certification as to the challenged immigration enforcement condition.
*The challenged immigration enforcement condition:
"[T)he Recipient will cooperate with Federal officials in the enforcement of Federal law, including cooperating with and not Impeding U.S. Immigration and Customs Enforcement (ICE) and other Federal offices and components of the Department of Homeland Security in the enforcement of Federal immigration law."
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The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the Grant Assurances, terms, and conditions as provided herein, Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer.
Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time.
I declare under penalty of perjury that the foregoing Is true and correct.1
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
Am CVloi
{Signature)
Amy Choi
(Typed Name)
Manager, SFO ADO
{Title of FAA 0/f/clal}
1 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. § 1001 {False Statements) and could subject you to fines, imprisonment, or both. 15 EXHIBIT A
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Part II - Acceptance
The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer, and does hereby accept this Offer and by such acceptance agrees to comply with all of the Grant Assurances, terms, and conditions in this Offer and in the Project Application.
Please read the following information: By signing this document, you are agreeing that you have reviewed th"e following consumer disclosure Information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time.
I declare under penalty of perjury that the foregoing is true and correct. 2 Dated
(Signature of Sponsots A11thorlted Officio/)
By:
(Typed Nome of Sponsor's Authorized Off/clol)
{Tltle of Sponsor's Authorized Officio/)
1 Knowingly and willfully providing false Information to the Federal government is a violation of 18 U.S.C. § 1001 (False Statements) and could subject you to fines, imprisonment, or both. 16 EXHIBIT A
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CERTIFICATE OF SPONSOR'S ATTORNEY
l, ., acting as Attorney for the Sponsor do hereby certify:
That in my opinion the Sponsor is em powered to enter into the foregoing Grant Agreement under the laws of the State of California . Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative, who has been duly authorized to execute this Grant Agreement, which is in all respects due and proper and in accordance with the laws of the said State; and Title 49, United States Code (U.S.c.), Chapters 471 and 475; 49 U.S.C. §§ 40101 et seq., and 48103; FAA Reauthorization Act of 2018 (P.L. 115-254}; the Department of Transportation Appropriations Act, 2021 (P.L. 116-260, Division L); the Consolidated Appropriations Act, 2022 ( P.L. 117-103); Consolidated Appropriations Act, 2023 ( P.l. 117-328); Consolidated Appropriations Act, 2024 (P.L. 118-42); FAA Reauthorization Act of 2024 (P.L. 118-63); and the representations contained In the Project Application. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof.
Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time.
I declare under penalty of perjury that the foregoing is true and correct. 3 Dated at
(Signature of Sponsor's Anorney J
3 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. § 1001 (False Statements) and could subject you to fines, imprisonment, or both. 17 EXHIBIT A
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A. General.
ASSURANCES
AIRPORT SPONSORS
1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors.
2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions ofTitle 49, U.S.C., subtitle VII, as amended. As used herein, the term "public agency sponsor" means a public agency with control of a public-use airport; the term "private sponsor" means a private owner of a public-use airport; and the term "sponsor" includes both public agency sponsors and private sponsors.
3. Upon acceptance of this grant offer by the sponsor, these assurances are Incorporated in and become part of this Grant Agreement.
B. Duration and Applicability.
1. Airport Development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor.
The terms, conditions and assurances of this Grant Agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances.
2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor.
The preceding paragraph (1) also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project.
3. Airport Planning Undertaken by a Sponsor.
Unless otherwise specified In this Grant Agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 23, 25, 30, 32, 33, 34, 37, and 40 in Section C apply to planning projects. The terms, conditions, and assurances of this Grant Agreement shall remain in full force and effect during the life of the project; there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport ls used as an airport.
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C. Sponsor Certification.
The sponsor hereby assures and certifies, with respect to this grant that:
1. General Federal Requirements
It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance, and use of Federal funds for this Grant.
Performance under this agreement shall be governed by and In compliance with the following requirements, as applicable, to the type of organization of the Sponsor and any applicable sub-recipients. The applicable provisions to this agreement include, but are not limited to, the following:
FEDERAL LEGISLATION
a. 49 U.S.C. subtitle VII, as amended.
b. Davis-Bacon Act, as amended - 40 U.S.C. §§ 3141-3144, 3146, and 3147, et seq.1 c. Federal Fair Labor Standards Act- 29 U.S.C. § 201, et seq. d. Hatch Act-5 U.S.C. § 1501, et seq.2
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. § 4601, et seq.1
• 2
f. National Historic Preservation Act of 1966-Section 106 - 54 U.S.C. § 306108.1 g. Archeological and Historic Preservation Act of 1974- 54 U.S.C. § 312501, et seq.1 h. Native Americans Grave Repatriation Act -25 U.S.C. § 3001, et seq. i. Clean Air Act, P.L. 90-148, as amended -42 U.S.C. § 7401, et seq.
J
. Coastal Zone Management Act, P.L. 92-583, as amended -16 U.S.C. § 1451, et seq. k. Flood Disaster Protection Act of 1973 -Section 102/a) - 42 U.S.C. § 4012a.1 I. 49 U.S.C. § 303, (formerly known as Section 4(f)).
m. Rehabilitation Act of 1973 - 29 U.S.C. § 794.
n. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.) (prohibits discrimination on the basis of race, color, national origin).
o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.) (prohibits discrimination on the basis of disability).
p. Age Discrimination Act of 1975 - 42 U.S.C. § 6101, et seq. q. American Indian Religious Freedom Act, P.L. 95-341, as amended. r. Architectural Barriers Act of 1968, as amended -42 U.S.C. § 4151, et seq.1 s. Powerplant and Industrial Fuel Use Act of 1978-Section 403 -42 U.S.C. § 8373.1 t. Contract Work Hours and Safety Standards Act- 40 U.S.C. § 3701, et seq.1 u. Copeland Anti-kickback Act-18 U.S.C. § 874.1
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v. National Environmental Policy Act of 1969 -42 U.S.C. § 4321, et seq.1 w. Wild and Scenic Rivers Act, P.L. 90-542., as amended -16 U.S.C. § 1271, et seq. x. Single Audit Act of 1984- 31 U.S.C. § 7501, et seq.2 y. Drug-Free Workplace Act of 1988- 41 U.S.C. §§ 8101 through 8105. z. The Federal Funding Accountability and Transparency Act of 2006, as amended (P.L. 109-282, as amended by section 6202 of P.L. 110-252).
aa. Civil Rights Restoration Act of 1987, P.L. 100-259. bb. Infrastructure Investment and Jobs Act, P.L.117-58, Title VIII. cc. Build America, Buy America Act, P.L. 117-58, Title IX. dd. Endangered Species Act-16 U.SC. 1531, et seq.
ee. Title IX of the Education Amendments of 1972, as amended -20 U.S.C. 1681-1683 and 1685- 1687.
ff. Drug Abuse Office and Treatment Act of 1972, as amended -21 U.S.C. 1101, et seq. gg. Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, P.L. 91- 616, as amended - 42 u.s.c. § 4541, et seq.
hh. Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, P.L. 91- 616, as amended -42 U.S.C. § 4541, et seq.
ii. Appropriated Funds to Influence Certain Federal Contracting and Financial Transactions -31 u.s.c. § 1352,
EXECUTIVE ORDERS
a. Executive Order 11990- Protection of Wetlands
b. Executive Order 11988- Floodplain Management
c. Executive Order 12372 -Intergovernmental Review of Federal Programs d. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Constructioni
e. Executive Order 14005- Ensuring the Future is Made in all of America by All of America's Workers
f. Executive Order 14149 -Restoring Freedom of Speech and Ending Federal Censorship g. Executive Order 14151 -Ending Radical and Wasteful Government DEi Programs and Preferenclng
h. Executive Order 14154 - Unleashing American Energy
i. Executive Order 14168 -Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government
J. Executive Order 14173 -Ending Illegal Discrimination and Restoring Merit-Based Opportunity Al1port s,,onsou Aour1nce1 l'•v.• 3ol 19
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FEDERAL REGULATIONS
a. 2 CFR Part 180-OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement).
b, 2 CFR Part 200 and 1201-Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. 3
,
4 ,
5 c. 2 CFR Part 1200 - Nonprocurement Suspension and Debarment. d. 14 CFR Part 13 - Investigative and Enforcement Procedures. e. 14 CFR Part 16-Rules of Practice for Federally-Assisted Airport Enforcement Proceedings. f. 14 CFR Part 150-Airport Noise Compatibility Planning. g. 28 CFR Part 35 - Nondiscrimination on the Basis of Disability in State and Local Government Services.
h. 28 CFR § 50.3 - U.S. Department of Justice Guidelines for the Enforcement of Title VI of the Civil Rights Act of 1964.
i. 29 CFR Part 1-Procedures for Predetermination of Wage Rates.1 j
. 29 CFR Part 3 -Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States.1 k. 29 CFR Part 5- Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act). 1 I. 41 CFR Part 60-Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and Federally-assisted contracting requirements).1 m. 49 CFR Part 20-New Restrictions on Lobbying.
n. 49 CFR Part 21-Nondiscrim inatlon In Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964. o. 49 CFR Part 23 -Participation by Disadvantage Business Enterprise in Airport Concessions. p. 49 CFR Part 24-Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally-Assisted Programs.1• 2
q. 49 CFR Part 26- Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs.
r. 49 CFR Part 27 -Nondiscrimination on the Basis of Disability In Programs or Activities Receiving 1 =ederal Financial Assistance. 1
s. 49 CFR Part 28 -Enforcement of Nondiscrimination on the Basis of Mandicap in Programs or Activities Conducted by the Department of Transportation. t. 49 CFR Part 30 -Denial of Public Works Contracts to Suppliers of Goods and Services of Countries That Deny Procurement Market Access to U.S. Contractors. u. 49 CFR Part 32 -Governmentwide Requirements for Drug-Free Workplace (Financial Assistance).
Alrpo-11 SponiOU, Auurimcel
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v. 49 CFR Part 37 -Transportation Services for Individuals with Disabilities (ADA). w. 49 CFR Part 38 -Americans with Disabilities Act (ADA) Accessibility Specifications for Transportation Vehicles.
x. 49 CFR Part 41- Seismic Safety.
FOOTNOTES TO ASSURANCE (C}(l}
1 These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors.
3 2 CFR Part 200 contains requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation shall apply where applicable to private sponsors receiving Federal assistance under Title 49, United States Code.
4 Cost principles established in 2 CFR Part 200 subpart E must be used as guidelines for determining the eligibility of specific types of expenses. 5 Audit requirements established in 2 CFR Part 200 subpart F are the guidelines for audits.
SPECIFIC ASSURANCES
Specific assurances required to be included In grant agreements by any of the above laws, regulations or circulars are incorporated by reference in this Grant Agreement.
2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor:
It has legal authority to apply for this Grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor:
It has legal authority to apply for this Grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this Grant Agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required.
3. Sponsor Fund Availability.
It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under this Grant Agreement which it will own or control.
4. Good Title.
a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired.
Airport SponsQ1J AJ.Sur.im;o, Plll]05ol19
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b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained.
5. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in this Grant Agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary.
b. Subject to 49 U.S.C. § 47107(a)(16) and (x), it will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in this Grant Agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of this Grant Agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this Grant Agreement. c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public-use airport in accordance with these assurances for the duration of these assurances.
f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with Title 49, United States Code, the regulations and the terms, conditions and assurances in this Grant Agreement and shall ensure that such arrangement also requires compliance therewith.
g. Sponsors of commercial service airports will not permit or enter into any arrangement that results in permission for the owner or tenant of a property used as a residence, or zoned for residential use, to taxi an aircraft between that property and any location on airport. Sponsors Airport Sponsou Assu,ance-1 Page 6ofl9
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of general aviation airports entering into any arrangement that results in permission for the owner of residential real property adjacent to or near the airport must comply with the requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances.
6. Consistency with Local Plans.
The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport.
7. Consideration of Local Interest.
It has given fair consideration to the Interest of communities in or near where the project may be located.
8. Consultation with Users.
In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed.
9. Public Hearings.
In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary.
Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project.
10. Metropolitan Planning Organization.
In projects involving the location of an airport, an airport runway, or a major runway extension at a medium or large hub airport, the sponsor has made available to and has provided upon request to the metropolitan planning organization in the area in which the airport is located, if any, a copy of the proposed amendment to the airport layout plan to depict the project and a copy of any airport master plan in which the project is described or depicted.
11. Pavement Preventive Maintenance-Management.
With respect to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance-management program and It assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management pr0grams as the Secretary determines may be useful.
12. Terminal Development Prerequisites.
For projects which include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under 49 U.S.C. § 44706, and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft.
Afrport Sponsors l\uur111ci111
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13. Accounting System, Audit, and Record Keeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of this Grant, the total cost of the project In connection with which this Grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit In accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to this Grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an Independent audit Is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which this Grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made.
14. Minimum Wage Rates.
It shall include, In all contracts in excess of $2,000 for work on any projects funded under this Grant Agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor under 40 U.S.C. §§ 3141-3144, 3146, and 3147, Public Building, Property, and Works), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included In proposals or blds for the work.
15. Veteran's Preference.
It shall include in all contracts for work on any project funded under this Grant Agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Vietnam era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, dlsa bled veterans, and small business concerns owned and controlled by disabled veterans as defined in 49 U.S.C. § 47112.
However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates.
16. Conformity to Plans and Specifications.
It will execute the project subject to plans, specifications, and schedules approved by the Secretary.
Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this Grant Agreement, and, upon approval of the Secretary, shall be incorporated into this Grant Agreement.
Any modification to the approved plans, specifications, and schedules shall also be subject to approval of the Secretary, and incorporated into this Grant Agreement.
17. Construction Inspection and Approval.
It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to Inspection and approval by the Secretary and such work shall be In Al1po1t Sponsou. Msu,1ncas P,,6e8of J9
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accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary.
18. Planning Projects.
In carrying out planning projects:
a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities.
c. it will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country.
e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g.
It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any pa rt of the project.
h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant.
19. Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state, and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with Its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the sponsor will have In effect arrangements for:
1. Operating the airport's aeronautical facilities whenever required;
2. Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and
3. Promptly notifying pilots of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood, or other climatic conditions Airport Spomon Assur.mces P.1r,c9of 19
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interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program Items that it owns or controls upon which Federal funds have been expended.
20. Hazard Removal and Mitigation.
It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards.
21. Compatible Land Use.
It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, If the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended.
22. Economic Nondiscrimination.
a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to:
1. Furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and
2. Charge reasonable, and not unjustly discriminatory, prices for each unit or servlce, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. c. Each fixed-based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed-based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed-based operator that Is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport (whether as a tenant, non-tenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers AlrJ)Oll Sponsors Assuro1nces Paue ioof H>
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which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or non-tenants and signatory carriers and non-signatory carriers.
Classificatlon or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers In such classification or status.
f. It will not exercise or grant any right or privilege which operates to prevent any person, flrm, or corporation operating aircraft on the airport from performing any services on Its own aircraft with Its own employees (including, but not limited to maintenance, repair, and fueling) that It may choose to perform.
g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions.
h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport.
i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public.
23. Exclusive Rights.
It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed-based operator shall not be construed as an exclusive right if both of the following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than one fixed-based operator to provide such services, and
b. If allowing more than one fixed-based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed-based operator anq such airport. It further agrees that it will not, either directly or Indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, Including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code.
24. Fee and Rental Structure.
It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for /\lrs,ort S11om,01s Auur110CC1s P•ge llof 19
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which a Grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport.
25. Airport Revenues.
a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport.
The following exceptions apply to this paragraph:
1. If covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply.
2. If the Secretary approves the sale of a privately owned airport to a public sponsor and provides funding for any portion of the public sponsor's acquisition of land, this limitation on the use of all revenues generated by the sale sha II not apply to certain proceeds from the sale. This is conditioned on repayment to the Secretary by the private owner of an amount equal to the remaining unamortized portion (amortized over a 20-year period) of any airport improvement grant made to the private owner for any purpose other than land acquisition on or after October 1, 1996, plus an amount equal to the federal share of the current fair market value of any land acquired with an airport improvement grant made to that airport on or after October 1, 1996.
3. Certain revenue derived from or generated by mineral extraction, production, lease, or other means at a general aviation airport (as defined at 49 U.S.C. § 47102), if the FAA determines the airport sponsor meets the requirements set forth in Section 813 of Public Law 112-95.
b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator.
c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of 49 U.S.C. § 47107.
26. Reports and Inspections.
It will:
a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the AJtport SponsorsAssUJantu P•g, 12ofl9
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public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary;
b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request;
c. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of this Grant Agreement including deeds, leases, agreements, regulations, and other instruments, available for Inspection by any duly authorized agent of the Secretary upon reasonable request; and d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail:
1. all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and
2. all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property.
27. Use by Government Aircraft.
It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that:
a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or
b. The total number of movements (counting each land Ing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds.
28. Land for Federal Facilities.
It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather-reporting and communication activities related to air traffic control, any areas of land or water, or estate therein as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary.
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29. Airport Layout Plan.
a. The airport owner or operator will maintain a current airport layout plan of the airport showing:
1. boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto;
2. the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities;
3. the location of all existing and proposed non-aviation areas and of all existing Improvements thereon; and
4. all proposed and existing access points used to taxi aircraft across the airport's property boundary.
b. Subject to subsection 49 U.S.C. § 47107(x), the Secretary will review and approve or disapprove the plan and any revision or modification of the plan before the plan, revision, or modification takes effect.
c. The owner or operator will not make or allow any alteration in the airport or any of its facilities unless the alteration1. is outside the scope of the Secretary's review and approval authority as set forth in subsection (x); or
2. complies with the portions of the plan approved by the Secretary. d. When the airport owner or operator makes a change or alteration in the airport or the facilities which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary:
1. eliminate such adverse effect in a manner approved by the Secretary; or
2. bear all costs of relocating such property or its replacement to a site acceptable to the Secretary and of restoring the property or its replacement to the level of safety, utility, efficiency, and cost of operation that existed before the alteration was made, except in the case of a relocation or replacement of an existing airport facility due to a change in the Secretary1
s design standards beyond the control of the airport sponsor.
30. Civil Rights.
It will promptly take any measures necessary to ensure that no person in the United States shall, on the grounds of race, color, and national origin (including limited English proficiency) in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d to 2000d-4); creed and sex per 49 U.S.C. § 47123 and related requirements; age per the Age Discrimination Act of 1975 and related requirements; or disability per the Americans with Disabilities Act of 1990 and related requirements, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any program and activity conducted with, or benefiting from, funds received from this Grant.
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a. Using the definitions of activity, facility, and program as found and defined in 49 CFR §§ 21.23(b) and 21.23(e), the sponsor will facilitate all programs, operate all facilities, or conduct all programs in compliance with all non-discrimination requirements imposed by or pursuant to these assurances.
b. Applicability
1. Programs and Activities. If the sponsor has received a grant (or other federal assistance) for any of the sponsor's program or activities, these requirements extend to all of the sponsor's programs and activities.
2. Facilities. Where it receives a grant or other federal financial assistance to construct, expand, renovate, remodel, alter, or acquire a facility, or part of a facility, the assurance extends to the entire facility and facilities operated in connection therewith.
3. Real Property. Where the sponsor receives a grant or other Federa I financial assistance in the form of, or for the acquisition of real property or an interest in real property, the assurance will extend to rights to space on, over, or under such property. c. Duration.
The sponsor agrees that it Is obligated to this assurance for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the assurance obligates the sponsor, or any transferee for the longer of the following periods:
1. So long as the airport is used as an airport, or for another purpose involving the provision of similar services or benefits; or
2. So long as the sponsor retains ownership or possession of the property. d. Required Solicitation Language. It will include the following notification in all solicitations for bids, Requests For Proposals for work, or material under this Grant Agreement and in all proposals for agreements, including airport concessions, regardless of funding source:
"Th in accordance with the provisions of Title VI of the Civil Rights Act of 1964 ( 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that for any contract entered Into pursuant to this advertisement, all businesses will be afforded full and fair opportunity to submit bids in response to this Invitation and no businesses will be discriminated against on the grounds of race, color, national origin (including limited English proficiency), creed, sex , age, or disability In consideration for an award."
e. Required Contract Provisions.
1. It will insert the non-discrimination contract clauses requiring compliance with the acts and regulations relative to non-discrimination in Federally-assisted programs of the Department of Transportation (DOT), and incorporating the acts and regulations into the contracts by reference in every contract or agreement subject to the non-discrimination in Federally-assisted programs of the DOT acts and regulations,
2. It will include a list of the pertinent non-dlscrlmlnation authorities in every contract that is subject to the non-discrimination acts and regulations.
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3. It will insert non-discrimination contract clauses as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a sponsor.
4. It will insert non-discrimination contract clauses prohibiting discrimination on the basis of race, color, national origin (Including limited English proficiency), creed, sex, age, or disability as a covenant running with the land, in any future deeds, leases, license, permits, or similar instruments entered Into by the sponsor with other parties:
a. For the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. For the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. f. It will provide for such methods of administration for the program as are found by the Secretary to give reasonable guarantee that it, other recipients, sub-recipients, sub-grantees, contractors, subcontractors, consultants, transferees, successors in Interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the acts, the regulations, and this assurance. g. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the acts, the regulations, and this assurance.
31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes, including land serving as a noise buffer, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will be, at the discretion of the Secretary, (1) reinvested in another project at the airport, or (2) transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order:
1. Reinvestment in an approved noise compatibility project;
2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C. § 47117(e);
3. Reinvestment In an approved airport development project that is eligible for grant funding under 49 U.S.C. §§ 47114, 47115, or 47117;
4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport; or
5. Payment to the Secretary for deposit in the Airport and Airway Trust Fund.
If land acquired under a grant for noise compatibility purposes is leased at fair market value and consistent with noise buffering purposes, the lease will not be considered a disposal of the land. Revenues derived from such a lease may be used for an approved airport development project that would otherwise be eligible for grant funding or any permitted use of airport revenue.
b. For land purchased under a grant for airport development purposes (other than noise compatlblllty), It will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United P"CU l60[ 19
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States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, upon application to the Secretary, be reinvested or transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order:
1. Reinvestment in an approved noise compatibility project;
2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C. § 47117(e);
3. Reinvestment in an approved airport development project that is eligible for grant funding under 49 U.S.C. §§ 47114, 47115, or 47117;
4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport; or
5. Payment to the Secretary for deposit in the Airport and Airway Trust Fund. c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim uses of such land contributes to the financial selfsufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, w?s notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989.
d. Disposition of such land under (a), (b), or (c) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport.
32. Engineering and Design Services.
If any phase of such project has received Federal funds under Chapter 471 subchapter 1 ofTitle 49 U.S.C., it will award each contract, or sub-contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services in the same manner as a contract for architectural and engineering services is negotiated under Chapter 11 of Title 40 U S.C., or an equivalent qualifications-based requirement prescribed for or by the sponsor of the airport.
33. Foreign Market Restrictions.
It will not allow funds provided under this Grant to be used to fund any project which uses any product or service of a foreign country during the period In which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction.
34. Policies, Standards, and Specifications.
It will carry out any project funded under an Airport Improvement Program Grant in accordance with policies, standards, and specifications approved by the Secretary including, but not limited to, current FAA Advisory Circulars (https://www.faa.gov/sites/faa.gov/files/alp-pfc-checkllst O.pdf) for AIP projects as of April 28, 2025.
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35. Relocation and Real Property Acquisition.
a. It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. b. It will provide a relocation assistance program offering the services described in Subpart C of 49 CFR Part 24 and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24.
c. It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24.
36. Access By Intercity Buses.
The airport owner or operator will permit, to the maximum extent practicable, Intercity buses or other modes of transportation to have access to the airport; however, It has no obligation to fund special facilities for intercity buses or for other modes of transportation.
37. Disadvantaged Business Enterprises.
The sponsor shall not discriminate on the basis of race, color, national origin, or sex, in the award and performance of any DOT-assisted contract covered by 49 CFR Part 26, or In the award and performance of any concession activity contract covered by 49 CFR Part 23. In addition, the sponsor shall not discriminate on the basis of race, color, national origin or sex in the administration of its Disadvantaged Business Enterprise (DBE) and Airport Concessions Disadvantaged Business Enterprise (ACDBE) programs or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts, and/or concession contracts. The sponsor's DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT, are incorporated by reference In this agreement. Implementation of these programs Is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the sponsor of its failure to carry out its approved program, the Department may impose sanctions as provided for under Parts 26 and 23 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. § 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. §§ 3801-3809, 3812).
38. Hangar Construction.
If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner's expense, the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may Impose.
39. Competitive Access.
a. If the airport owner or operator of a medium or large hub airport (as defined in 49 U.S.C. § 47102) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary that:
1. Describes the requests;
2. Provides an explanation as to why the requests could not be accommodated; and Pt,gll' 18 of 19
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3. Provides a time frame within which, if any, the airport will be able to accommodate the requests.
b. Such report shall be due on either February 1 or August 1 of each year if the airport has been unable to accommodate the request(s) in the six month period prior to the applicable due date.
40. Access to Leaded Aviation Gasoline
a. If 100-octane low lead aviation gasoline (l00LL) was made available at an airport, at any time during calendar year 2022, an airport owner or operator may not restrict or prohibit the sale of, or self-fueling with, 100-octane low lead aviation gasoline. b. This requirement remains until the earlier of December 31, 2030, or the date on which the airport or any retail fuel seller at the airport makes available an unleaded aviation gasoline that has been authorized for use by the FAA as a replacement for 100-octane low lead aviation gasoline for use in nearly all piston-engine aircraft and engine models; and meets either an industry consensus standard or other standard that facilitates the safe use, production, and distribution of such unleaded aviation gasoline, as determined appropriate by the FAA. c. An airport owner or operator understands and agrees, that any violation of this grant assurance is subject to civil penalties as provided for in 49 U.S.C. § 46301(a)(8}.
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CITY COUNCIL STAFF REPORT ITEM NO. 6.22
DATE: September 14, 2026
TO: Honorable Mayor and City Council
FROM: Benny Stuth, Airport Manager
SUBJECT: Resolution authorizing the City Manager to execute a Grant Agreement with the Federal Aviation Administration (FAA) accepting $254,600 to update the Pavement Maintenance Management Plan (Pavement Plan) and appropriate the necessary funds to complete the project.
RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution to:
1. Authorize the City Manager, or her designee, to execute the FAA Airport Improvement Program Grant Agreement to accept $254,600;
Appropriate $254,600 in FAA grant funds to Capital Improvement Project AR202718 for the Pavement Plan;
2. Appropriate $1,340 from the Livermore Municipal Airport Enterprise Fund to Capital Improvement Project AR202718 to satisfy the required local match;
3. Authorize the City Manager to take all necessary and appropriate actions to carry out the purpose and intent of this resolution, including making minor changes to the grant funding documents.
SUMMARY
The Livermore Municipal Airport is a public-use airport owned and operated by the City of Livermore (the Airport Sponsor). The City of Livermore undertakes routine capital infrastructure and planning projects to maintain the airport and keep it operational. The FAA regularly provides grant monies to local airports for such infrastructure and planning projects through its Airport Improvement Program, but requires cities to maintain an updated Pavement Plan. An updated Pavement Plan will ensure the City is eligible for future FAA grant distributions. The FAA has awarded the City $254,600 to complete the update, but requires the City to enter into a Grant Agreement and provide matching funds. Staff proposes to meet the matching requirement through State of California matching funds and Airport Enterprise Fund appropriations. The FAA grant would cover 95% of Pavement Plan update costs, while local match would cover five percent. If the grant is accepted by September 15, FAA funds can be dispersed. The Grant Agreement is not a project under CEQA, would not cause any significant fiscal or administrative impacts, and implements the Strategic Plan.
559
DISCUSSION
Airport Improvement Program and Pavement Plan
The Livermore Municipal Airport is a public-use airport owned and operated by the City of Livermore (the Airport Sponsor). The City of Livermore undertakes routine capital infrastructure and planning projects to maintain the airport and keep it operational. The FAA regularly provides grant monies to local airports for such infrastructure and planning projects through its Airport Improvement Program (AIP).
In order to receive AIP funds, the FAA requires airport sponsors to maintain a current Pavement Plan, which generally provides for strategies to ensure safe, operable airport pavement surfaces at the least feasible cost and identifies proactive maintenance actions. The Airport's existing Pavement Plan was completed in 2021 and must be updated to maintain AIP eligibility. The City has determined that the total Pavement Plan update would cost approximately $270,000. An updated Pavement Plan will ensure the City is eligible for future FAA grant distributions. The FAA offers funding for Pavement Plan updates.
Selection and Grant Requirements
On May 28, 2026, the FAA notified the City of AIP funding availability. City staff submitted an AIP grant application on June 12, 2026 for the Pavement Plan (Attachment 1). The FAA subsequently selected the Pavement Plan for a $254,600 grant award, which would cover ninety-five percent (95%) of the eligible project costs. In order to receive the grant funds, the City must:
1. Program the project into the local Capital Improvement Plan (CIP).
2. Provide a five percent funds match.
3. Enter into a Grant Agreement by September 15, 2026, as authorized by the local legislative body.
4. Agree to FAA Grant Assurances, including an updated Pavement Program.
On July 27, 2026, the City Council approved the addition of the Pavement Plan to the City's Five-Year CIP (Attachment 2). Subsequently, the FAA transmitted the Airport Improvement Program Grant Agreement electronically on August 20, 2026.
The Grant Agreement must be signed by September 15, 2026. Failure to timely accept and execute the FAA grant award could delay the project until the next federal funding cycle, resulting in an approximate one-year delay to the Pavement Plan. Such a delay would postpone future FAA-funded capital improvement projects that depend on completion of this plan and could impact the Airport's overall capital improvement schedule.
Execution of the FAA Grant Agreement (Exhibit A) would incorporate the applicable FAA Grant Assurances, including the requirement to maintain an effective pavement maintenance management program for federally funded pavements.
Next Steps
Following City Council approval of the grant resolution, the City Manager, or designee, would execute the Grant Agreement and accept the grant award.
560
To satisfy federal matching requirements, and following grant acceptance, staff would apply for a California Department of Transportation State Matching Grant in the amount of $12,730. The State Matching Grant is administered under a separate grant program and requires its own City Council authorization. Accordingly, staff would return to City Council with a separate resolution authorizing the City Manager, or designee, to apply for, execute, and appropriate State Matching Grant funds, if awarded. The required local match and additional project funding will be provided through the Livermore Municipal Airport Enterprise Fund. This funding opportunity will enable the Airport to utilize available federal entitlement funds that were otherwise scheduled to expire while satisfying the FAA requirement to maintain a current Pavement Plan.
ENVIRONMENTAL DOCUMENTATION
The acceptance of FAA grant funds and appropriation of those funds to prepare the Pavement Plan does not constitute a project under the California Environmental Quality Act (CEQA) Section 21065 and CEQA Guidelines Section 15378. The appropriation of funds for preparation of the Pavement Plan does not have the potential for resulting in either a direct or a reasonably foreseeable indirect physical change to the environment. Therefore, no environmental review under CEQA is required.
FISCAL AND ADMINISTRATIVE IMPACTS
Funding for the Pavement Plan would consist of federal, state, and local funds, as shown in Table 1. The total project costs are $268,670, with $1,340 in City Airport Enterprise Funds (Fund 600) and the remainder in Federal and State Grants (Fund 601). If state matching funds are not awarded, additional Airport Enterprise Fund appropriations would be required to satisfy FAA match requirements.
Table 1: Pavement Plan Sources
Fund FY 25/26 FY 26/27 FY 27/258 FY 28/29 FY 29/30 FY 30/31 Total Airport
Enterprise
Fund (600)
0 $1,340 0 0 0 0 $1,340
Federal
Grant -
Airport (601)
0 $254,600 0 0 0 0 $254,600
State Grant
- Airport
(601)
0 $12,730 0 0 0 0 $12,730
Total 0 $268,670 0 0 0 0 $268,670
COMMUNITY PILLAR
5. A City That Works
GOAL
14. Develop, operate, and maintain the City’s infrastructure.
ATTACHMENTS
561
1. FAA Application - Pavement Plan
2. City CIP Project Sheet
3. Resolution
4. Exhibit A - Grant Agreement
Prepared by: Benedict Stuth
Airport Manager
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Kristen Hilton
Acting Administrative Services Director
562
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Fund FY2025-26 FY2026-27 FY2027-28 FY2028-29 FY2029-30 FY2030-45 Total Airport Operating Fund (600) $0 $1,340 $0 $0 $0 $0 $1,340 Federal Grant- Airport (601) $0 $254,600 $0 $0 $0 $0 $254,600 State Grant - Airport (601) $0 $12,730 $0 $0 $0 $0 $12,730 TOTAL $0 $268,670 $0 $0 $0 $0 $268,670
PROJECT
FUNDING
PAVEMENT MAINTENANCE MANAGEMENT PLAN
Project No.: AR202718
COMMUNITY PILLAR: A City That Works
Project Description:
Project Justification:
O&M COST ASSUMPTIONS: There will
be no additional O&M costs for this
project.
FUNDING: A F.A.A. grant will cover the
majority of the project with matching
from a state grant and the Airport
Operating Fund.
The project will include pavement section
determination studies to identify existing pavement
sections and underlying subgrade soils, pavement
condition surveys to assess surface deterioration and
calculate the Pavement Condition Index (PCI), and nondestructive load testing to support fatigue analyses used to evaluate deep-seated distress and estimate
remaining pavement life. The resulting Pavement
Maintenance/Management Program (PMMP) will
provide recommended maintenance and reconstruction
strategies, along with a schedule for implementation, to extend the service life of pavement sections by at least 20 years under forecast traffic conditions. The PMMP
will also include estimated maintenance and
reconstruction costs, enabling the Sponsor and the FAA
to evaluate the timing and scope of rehabilitation,
reconstruction, and maintenance activities necessary to maintain safe pavement operating conditions.
The F.A.A. has a requirement for the Sponsor, in order to remain eligible for Federal funding, to prepare and maintain an updated copy of the PMMP for the airport. A PMMP is necessary to justify and plan all pavement rehabilitation or maintenance projects required at the airport. A new comprehensive PMMP is proposed including pavement condition surveys to determine PCI and non-destructive load tests to determine deep-seated distress and remaining pavement life.
GOAL: 14: Develop, operate, and
maintain the City’s infrastructure.
CAPITAL IMPROVEMENT PLAN
Airport
FY 2025-2030 CAPITAL IMPROVEMENT PLAN
PROJECT LOCATION
Airport
609
1 RESOLUTION NO. _________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT
AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION (FAA) ACCEPTING $254,600 TO UPDATE THE PAVEMENT MAINTENANCE
MANAGEMENT PLAN (PAVEMENT PLAN) AND APPROPRIATE THE NECESSARY
FUNDS TO COMPLETE THE PROJECT
The Livermore Municipal Airport is a public-use airport owned and operated by the City of Livermore (Airport Sponsor) and is subject to the jurisdiction and requirements of the FAA.
The FAA requires airport sponsors to maintain a current Pavement Plan as a condition of eligibility for Airport Improvement Program (AIP) funding. The Airport's existing Pavement Plan was completed in 2021 and must be updated to satisfy FAA requirements and maintain eligibility for future federal funding.
On June 12, 2026, the City submitted an application to the FAA for AIP funding to update the Pavement Plan.
Following review of the City's application, the FAA selected the project for funding.
The City Council held a public meeting on September 14, 2026 to consider the Resolution.
The acceptance of FAA grant funds and appropriation of those funds to prepare the Pavement Plan does not constitute a project under the California Environmental Quality Act (CEQA) Section 21065 and CEQA Guidelines Section 15378. The appropriation of funds for preparation of the Pavement Plan does not have the potential for resulting in either a direct or a reasonably foreseeable indirect physical change to the environment. Therefore, no environmental review under CEQA is required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it:
1. Authorizes the City Manager, or her designee, to execute the FAA AIP Grant Agreement, attached hereto as Exhibit A, to accept $254,600;
2. Appropriates $254,600 in FAA grant funds to Capital Improvement Project AR202718 for the Pavement Plan;
3. Appropriates $1,340 from the Livermore Municipal Airport Enterprise Fund to Capital Improvement Project AR202718 to satisfy the required local match;
4. Authorizes the City Manager to take all necessary and appropriate actions to carry out the purpose and intent of this resolution, including making changes to the grant funding documents, which shall be approved as to form by the City Attorney or her designee.
610
2 RESOLUTION NO. _________
On motion of Council Member _____________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on September 14, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Tara Mazzanti
Olivia Nashed Tara Mazzanti
City Clerk Senior Assistant City Attorney
Exhibit A – Grant Agreement
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EXHIBIT A
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CITY COUNCIL STAFF REPORT ITEM NO. 6.23
DATE: September 14, 2026
TO: Honorable Mayor and City Council
FROM: Benny Stuth, Airport Manager
SUBJECT: Resolution authorizing the City Manager to execute a Grant Agreement with the Federal Aviation Administration (FAA) accepting $35,435 for the Vehicle Movement Area Transponder (VMAT) Purchase and Installation Project, add the project to the City's FiveYear Capital Improvement Plan, and appropriate the necessary funds to complete the project.
RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution to:
1. Authorizes the City Manager, or designee, to execute the Federal Aviation Administration Airport Improvement Program Grant Agreement to accept $35,435 for the Vehicle Movement Area Transponder (VMAT) Purchase and Installation Project;
2. Adds the FAA Vehicle Movement Area Transponder (VMAT) Purchase and Installation Project AR202721 to the 2025-2030 Capital Improvement Plan;
3. Appropriates $35,435 in Federal Aviation Administration Airport Improvement Program grant funds to Capital Improvement Project AR202721 for the FAA Vehicle Movement Area Transponder (VMAT) Purchase and Installation Project;
4. Appropriates $1,865 from the Livermore Municipal Airport Enterprise Fund to Capital Improvement Project AR202721 for the FAA Vehicle Movement Area Transponder (VMAT) Purchase and Installation Project to provide the required local match for the project; and,
5. Authorizes the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution, including making minor , in changes which shall be approved as to form by the City Attorney or her designee, to the grant funding documents.
SUMMARY
The Vehicle Movement Area Transponder (VMAT) Purchase and Installation Project will equip eligible Airport operations vehicles with transponders that integrate with the FAA's recently installed Surface Awareness Initiative (SAI) system, a runway safety program designed to provide real-time information about vehicles moving on the surface of the Airport. The project will improve the identification and tracking of vehicles operating on the airfield, enhance situational awareness, and support efforts to 650
reduce the risk of runway incursions.
Following completion of the SAI installation, the Airport became eligible for FAA funding for VMAT equipment. The FAA subsequently identified a funding opportunity and selected the Airport's VMAT project for funding. Approval of this item will add Project AR202721 to the City's Five-Year Capital Improvement Plan and authorize the City Manager, or her designee, to accept and execute the FAA Grant Agreement, and appropriate funding necessary to complete the project.
DISCUSSION
Airport Improvement Program and Vehicle Movement Area Transponders The Livermore Municipal Airport is a public-use airport owned and operated by the City of Livermore (City or Airport Sponsor). The City undertakes routine capital infrastructure and safety projects to maintain the Airport and keep it operational. The FAA regularly provides grant funds to local airports for eligible infrastructure and safety projects through its Airport Improvement Program (AIP).
In April 2026, the Livermore Municipal Airport completed installation of the FAA's Surface Awareness Initiative (SAI) system, a runway safety program designed to provide real-time information about vehicles moving on the surface of the Airport. Completion of the SAI installation made the Airport eligible for FAA funding purchase and install Vehicle Movement Area Transponders (VMATs) on eligible Airport operations vehicles.
Vehicles equipped with VMATs are able to be identified and tracked within the surface-awareness system, providing air traffic controllers and Airport personnel with improved situational awareness of vehicle movements on the airfield. The proposed project will purchase and install VMAT equipment on eligible Airport vehicles, complementing the recently installed SAI system and supporting the Airport's ongoing efforts to improve movement-area safety and reduce the risk of runway incursions.
Selection and Grant Requirements
In October 2024, the FAA expanded AIP eligibility to include the purchase and installation of VMAT equipment at eligible airports. On July 14, 2026, the FAA notified Airport staff that additional AIP funding was available for eligible VMAT projects and requested submission of a completed preapplication by July 15, 2026. Staff completed the preapplication, which did not obligate the City to proceed with the project.
On August 12, 2026, the FAA notified Airport staff that the VMAT Purchase and Installation Project had been selected for funding and that the Grant Agreement would be transmitted electronically in September 2026. In order to receive the grant funds, the City must:
1. Program the project into the local Capital Improvement Plan (CIP);
2. Provide the required local funds match;
3. Enter into a Grant Agreement by the acceptance deadline established by the FAA, as authorized by the local legislative body; and,
4. Agree to the applicable FAA Grant Assurances.
Unlike the Airport's other FAA grant projects recently added to the City's Five-Year CIP, the VMAT project had not yet been selected for funding when those projects were advanced for City Council 651
consideration. Because FAA selection occurred after the applicable capital planning process, the VMAT project was not previously included in the City's Five-Year CIP. Accordingly, this action includes the addition of VMAT Project AR202721 to the CIP.
The Grant Agreement must be accepted and executed as directed by the FAA, to remain eligible for funding. Failure to obtain City Council authorization and timely execute the Grant Agreement would result in the loss of this funding opportunity and delay the project until at least the next federal funding cycle in approximately one year. It is the understanding of staff that the Grant Agreement will be transmitted and require execution on or before September 30, 2026, the last day of the federal fiscal year.
Next Steps
The City has not yet received the Grant Agreement, and, based on correspondence with the FAA, staff believes the Grant Agreement may not be received until several days before the submission deadline. To prepare for this, Airport staff provided relevant departments with a sample Grant Agreement (Exhibit A to the Resolution) for advance review of the FAA's standard grant language. FAA grant awards are issued using the FAA's standard Grant Agreement and are not subject to negotiation or modification by the City, so the sample agreement serves as a useful proxy for the final agreement. Should the Grant Agreement be transmitted in time, it will be added as supplemental material.
Upon receipt, Airport staff will provide the Grant Agreement to the City Attorney's Office and the Administrative Services Department for legal and financial review. Following completion of the review and City Council approval of the grant resolution, the City Manager, or designee, would execute the Grant Agreement.
The project will allow the Airport to leverage available federal funding to enhance the recently installed SAI system while improving situational awareness and safety for aircraft and vehicles operating on the airfield.
ENVIRONMENTAL DOCUMENTATION
The acceptance of FAA grant funds and appropriation of those funds to purchase and install Vehicle Movement Area Transponders (VMATs) does not constitute a project under the California Environmental Quality Act (CEQA) Section 21065 and CEQA Guidelines Section 15378. The purchase and installation of VMATs does not have the potential for resulting in either a direct or a reasonably foreseeable indirect physical change to the environment. Therefore, no environmental review under CEQA is required.
FISCAL AND ADMINISTRATIVE IMPACTS
Funding for the FAA Vehicle Movement Area Transponder (VMAT) Purchase and Installation Project is anticipated to consist of FAA Airport Improvement Program grant funds and Airport Enterprise Funds. As shown in the table below, total project costs are estimated to be $37,300, with $35,435 in Federal Grant Funds (Fund 601) and $1,865 in Airport Enterprise Funds (Fund 600) to satisfy the required local match.
Fund FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 Total 652
Airport
Enterprise
Fund (600)
0 $1,865 0 0 0 0 $1,865
Federal
GrantAirport (601)0 $35,435 0 0 0 0 $35,435
Total 0 $37,300 0 0 0 0 $37,300
COMMUNITY PILLAR
5. A City That Works
GOAL
14. Develop, operate, and maintain the City’s infrastructure.
ATTACHMENTS
1. FAA Application - VMAT
2. City CIP Project Sheet
3. Resolution
4. Exhibit A - Sample Grant Agreement
Prepared by: Benedict Stuth
Airport Manager
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Kristen Hilton
Acting Administrative Services Director
653
ATTACHMENT 1
654
ATTACHMENT 1
655
ATTACHMENT 1
656
ATTACHMENT 1
657
Fund FY2025-26 FY2026-27 FY2027-28 FY2028-29 FY2029-30 FY2030-45 Total Airport Operating Fund (600) $0 $1,865 $0 $0 $0 $0 $1,865 Federal Grant- Airport (601) $0 $35,435 $0 $0 $0 $0 $35,435 TOTAL $0 $37,300 $0 $0 $0 $0 $37,300
PROJECT
FUNDING
VEHICLE MOVEMENT AREA TRANSPONDERS
Project No.: AR202721
COMMUNITY PILLAR: A City That Works
Project Description:
Project Justification:
O&M COST ASSUMPTIONS: There will
be no additional O&M costs for this
project.
FUNDING: A F.A.A. grant will cover the
majority of the project with matching
from a state grant and the Airport
Operating Fund.
This project will purchase and install FAAapproved Vehicle Movement Area Transponders (VMATs) on eligible Airport operations vehicles.
VMATs transmit vehicle position and identification
information to the Airport’s Surface Awareness
Initiative (SAI) system, allowing equipped vehicles
to be displayed by position and call sign on surface
displays in the Air Traffic Control Tower. The
project will improve surface vehicle tracking,
situational awareness, and airfield safety.
The FAA and aviation community are pursuing a goal of zero serious close calls through initiatives focused on reducing runway incursions involving both aircraft and ground vehicles. The FAA’s Surface Awareness Initiative (SAI) uses Automatic Dependent Surveillance-Broadcast (ADS-B) technology to provide Air Traffic Control with enhanced situational awareness of aircraft and vehicles operating on the airport surface.
Livermore Municipal Airport completed installation of its SAI system in April 2026, making the Airport eligible for FAA Airport Improvement Program funding for VMAT acquisition and installation. The FAA recommends that airport vehicles regularly operating on the movement area at SAI-equipped airports be equipped with VMATs. Installation of VMATs on eligible Airport vehicles will enhance Air Traffic Control’s ability to identify and track vehicle movements and support the Airport’s ongoing efforts to reduce the risk of runway incursions and other surface safety events.
GOAL: 14: Develop, operate, and
maintain the City’s infrastructure.
CAPITAL IMPROVEMENT PLAN
Airport
FY 2025-2030 CAPITAL IMPROVEMENT PLAN
PROJECT LOCATION
Airport
LAN
port
VEHICLE MOVEMENT AREA TRANSPONDERS
Project No.: AR202721
CAPITAL IMPROVEMENT PL
Air
COMMUNITY PILLAR: A City That Works
O&M COST ASSUMPTIONS: There will
be no additional O&M costs for this
roject.
FUNDING: A F.A.A. grant will cover the
majority of the project with matching
from a state grant and the Airport
Operating Fund.
GOAL: 14: Develop, operate, and
maintain the City’s infrastructure.
PROJECT LOCATION
Airport
be
pr
FY 2025-2030 CAPITAL IMPROVEMENT PLAN
ATTACHMENT 2
658
1 RESOLUTION NO. _____
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION AUTHORIZING THE CITY MANAGERTO EXECUTE A
GRANT AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION (FAA) ACCEPTING $35,435 FOR THE VEHICLE MOVEMENT AREA
TRANSPONDER (VMAT) PURCHASE AND INSTALLATION PROJECT, ADD THE PROJECT TO THE CITY’S FIVE-YEAR CAPITAL IMPROVEMENT PLAN,
AND APPROPRIATE THE NECESSARY FUNDS TO COMPLETE THE
PROJECT
The Federal Aviation Administration (“FAA”) provides Airport Improvement Program (“AIP”) funding for the purchase and installation of Vehicle Movement Area Transponders (“VMATs”) at eligible airports. The Livermore Municipal Airport completed installation of the FAA Surface Awareness Initiative (“SAI”) system in April 2026, making the Airport eligible for VMAT funding.
On July 14, 2026, the FAA notified Airport staff that additional AIP funding was available and required submission of a completed preapplication by noon on July 15, 2026. Airport staff submitted the required preapplication within the FAA’s deadline to preserve the City’s opportunity to receive the available federal funding.
On August 12, 2026, the FAA notified Airport staff that the VMAT Purchase and Installation Project had been selected for funding and that the grant award would be transmitted electronically in September 2026. The proposed project cost is $37,300, consisting of $35,435 in FAA grant funds and a $1,865 local match from the Livermore Municipal Airport Enterprise Fund.
The acceptance of FAA grant funds and appropriation of those funds to purchase and install Vehicle Movement Area Transponders (VMATs) does not constitute a project under the California Environmental Quality Act (CEQA) Section 21065 and CEQA Guidelines Section 15378. The purchase and installation of VMATs does not have the potential for resulting in either a direct or a reasonably foreseeable indirect physical change to the environment. Therefore, no environmental review under CEQA is required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby:
1. Authorizes the City Manager, or her designee, to execute the Federal Aviation Administration Airport Improvement Program Grant Agreement to accept $35,435 for the Vehicle Movement Area Transponder (VMAT) Purchase and Installation Project, in substantial conformance with the sample grant agreement attached hereto as Exhibit A;
2. Adds the FAA Vehicle Movement Area Transponder (VMAT) Purchase and Installation Project AR202721 to the 2025-2030 Capital Improvement Plan; 659
2 RESOLUTION NO. _____
3. Appropriates $35,435 in Federal Aviation Administration Airport Improvement Program grant funds to Capital Improvement Project AR202721 for the FAA Vehicle Movement Area Transponder (VMAT) Purchase and Installation Project;
4. Appropriates $1,865 from the Livermore Municipal Airport Enterprise Fund to Capital Improvement Project AR202721 for the FAA Vehicle Movement Area Transponder (VMAT) Purchase and Installation Project to provide the required local match for the project; and
5. Authorizes the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution, including making changes to the grant funding documents, which shall be approved as to form by the City Attorney or her designee.
On motion of Council Member ___________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on September 14, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Tara Mazzanti
Olivia Nashed Tara Mazzanti
City Clerk Senior Assistant City Attorney
Exhibit A – Sample Grant Agreement
660
U.S. Department
of Transportation
Federal Aviation
Administration
Airports Division
Western-Pacific
Region
San Francisco Airports
District Office:
California
2999 Oak Road, Suite 200
Walnut Creek, CA 94597
The Grant Offer for
is
Airport
attached
Improvement
for execution.
Program
This letter
(AIP)
outlines
Project
the
No.
steps you must take to properly
atenter into this agreement and provides other useful information. Please read the conditions, special conditions, and assurances that comprise the grant offer carefully.
You may not make any modification to the text. terms or conditions of the grant offer.
Steps You Must Take to Enter Into Agreement.
To properly enter into this agreement, you must do the following:
1. The governing body must give authority to execute the grant to the indivldual(s) signing the grant, i.e., the person signing the document must be the sponsor's authorized representative(s) (hereinafter "authorized representative").
2. The authorized representative must execute the grant by adding their electronic signature to the appropriate certificate at the end of the agreement.
3. Once the authorized representative has electronically signed the grant, the sponsor's attorney(s) will automatically receive an email notification.
4. On the same day or after the authorized representative has signed the grant, the sponsor's attorney(s) will add their electronic signature to the appropriate certificate at the end of the agreement.
5. If there are co-sponsors, the authorized representative(s) and sponsor's attorney(s) must follow the above procedures to fully execute the grant and finalize the process. Signatures must be obtained and finalized no later than
6. The fully executed grant will then be automatically sent to all parties as an email attachment.
Payment. Subject to the requirements in 2 CFR § 200.305 (Federal Payment), each payment request for reimbursement under this grant must be made electronically vla the Delphi elnvolcing System. Please see the attached Grant Agreement for more Information regarding the use of thls System.
Project Timing. The terms and conditions of this agreement require you to complete the project without undue delay and no later than the Period of Performance end date (1,460 days from the grant execution 1 EXHIBIT A
661
date). We will be monitoring your progress to ensure proper stewardship of these Federal funds. We. expect you to submit payment requests for reimbursement of alJowable incuned pr_oject expens� consistent with project progress .. Your grant may be placed in "inactive" status if you do not make draws on a regular basis, which will affect your ability to receive future grant offers. Costs incurred after the Period of Performance ends are generally not allowable and will be rejected unless authorized by the FAA in advance.
Reporting. Until the grant is completed and closed, you a re responsible for submitting formal reports as follows:
► For all grants, you must submit by December 3l51 of each year this grant is open:
1. A signed/dated SF-270 (Request for Advance or Reimbursement for non-construction projects) or SF-271 or equivalent (Outlay Report and Request for Reimbursement for Construction Programs), and
2. An SF-425 (Federal Financial Report).
► For non-construction projects, you must submit FAA Form 5100-140. Performance Re12ort.within 30 days of the end of the Federal fiscal year.
► For construction projects, you must submit FAA Form 5370-1, Construction Progress and.
Inspection Report within 30 days of the end of each Federal fiscal quarter.
Audit Requirements. As a condition of receiving Federal assistance under this award, you must comply with audit requirements as established under 2 CFR Part 200. Subpart F requires non-Federal entities that expend $1,000.000 or more in Federal awards .to conduct a single or program specific audit for th at year. Note that this includes Federal expenditures made under other Federal-assistance programs.
Please take appropriate and necessary action to ensure your organization will comply with applicable audit requirements and standards.
Closeout. Once the project(s) is completed and all costs are determined, we ask that you work with your FAA contact indicated below to close the project without delay and submit the necessary final closeout documentation as required by your Region/Airports District Office.
FAA Contact Information. Lemuel del Castillo, (925) 546-6440, [email protected] is the assigned program manager for this grant and is readily available to assist you and your designated representative with the requirements stated herein.
We sincerely value your cooperation in these efforts and look forward to working with you to complete this important project.
Sincerely,
Am CVloi
Amy Choi 9/18/202510:S0:03 POT)
Amy Choi
Manager
2 EXHIBIT A
662
U.S. Department
of Transportation
Federal Aviation
Administration
FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM (AIP) Federal Award Offer Date
Airport/Planning Area
Airport Infrastructure Grant
Number
Unique Entity Identifier
GRANT AGREEMENT
Part I - Offer
T
O: -'--------------------------
!herein caHed the "Sponsor") (For Co-Sponsors, list all Co-Sponsor names. The word "Sponsor" in this Grant Agreement also applies to a Co-Sponsor.)
FROM: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA")
WHEREAS, the Sponsor has submitted to the FAA a Project Application dated , for a grant of Federal funds for a project at or associated with the , which is included as part of this Grant Agreement; and
WHEREAS, the FAA has approved a project for the
consisting of the following:
Upgrade Airfield Guidance Signs and Taxiway Designations which is more fully described in the Project Application. (herein called the "Project")
NOW THEREFORE, Pursuant to and for the purpose of carrying out the ntle 49, United States Code (U.S.c.), Chapters 471 and 475; 49 U.S.C. §§ 40101 et seq., and 48103; FAA Reauthorization Act of 2018 3 EXHIBIT A
663
(Public Law Number (P.L.) 115-254); the Department ofTransportation Appropriations Act, 2021 ( P.l. 116-260, Division L); the Consolidated Appropriations Act, 2022 ( P.l. 117-103); Consolidated Appropriations Act, 2023 ( P.L. 117-328); Consolidated Appropriations Act, 2024 (P.L. 118-42); Consolidated Appropriations Act, 2025 {P.l. 119-4); FAA Reauthorization Act of 2024 (P.L. 118-63}; and the representations contained in the Project Application; and in consideration of: (a) the Sponsor's adoption and ratification of the Grant Assurances dated April 2025, interpreted and applied consistent with the FAA Reauthorization Act of 2024; (b) the Sponsor's acceptance of this Offer; and (cl the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the Grant Assurance and conditions as herein provided;
THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay {95) % of the allowable costs incurred accomplishing the Project as the United States share of the Project.
Assistance listings Number (Formerly CFDA Number): 20.106 This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
CONDITIONS
1. Maximum
-
Obligation. The maximum obligation of the United States payable under this Offer is The following amounts represent a breakdown of the maximum obligation for the purpose of establishing allowable amounts for any future grant amendment, which may increase the foregoing maximum obligation of the United States under the provisions of 49 U.S.C. § 47108{b):
$0 for planning
for airport development or noise program implementation; and, $0 for land acquisition.
2. Grant Performance. This Grant Agreement Is subject to the following Federal award requirements:
a. Period of Performance:
1. Shall start on the date the Sponsor formally accepts this Agreement and is the date signed by the last Sponsor signatory to the Agreement. The end date of the Period of Performa nee is 4 years (1,460 calendar days) from the date of acceptance. The Period of Performance end date shall not affect, relieve, or reduce Sponsor obligations and assurances that extend beyond the closeout of this Grant Agreement.
2. Means the total estimated time Interval between the start of an initial Federal award and the planned end date, which may include one or more funded portions or budget periods (2 Code of Federal Regulations (CFR) § 200.1) except as noted in 49 U.S.C § 47142(b). b. Budget Period:
1. For this Grant is 4 years (1,460 calendar days) and follows the same start and end date as the Period of Performance provided in paragraph 2(a)(l). Pursuant to 2 CFR § 200.403(h), the Sponsor may charge to the Grant only allowable costs incurred during the Budget Period except as noted in 49 U.S.C § 47142(b},
2. Means the time interval from the start date of a funded portion of an award to the end date of that funded portion during which the Sponsor is authorized to expend the funds awarded, Including any funds carried forward or other revisions pursuant to 2 CFR § 200.308. c. Close Out and Termination
4 EXHIBIT A
664
Unless the FAA authorizes a written extension, the Sponsor must submit all Grant closeout documentation and liquidate {pay-off) all obligations incurred under this award no later than 120 calendar days after the end date of the Period of Performance. If the Sponsor does not submit all required closeout documentation within this time period, the FAA will proceed to close out the grant within one year of the Period of Performance end date with the information available at the end of 120 days (2 CFR § 200.344). The FAA may terminate this agreement arid all of its obligations under this agreement if any of the following occurs:
(a) {1) The Sponsor fails to obtain or provide any Sponsor grant contribution as required by the agreement;
(2) A completion date for the Project or a component of the Project is listed in the agreement and the Recipient fails to meet that milestone by six months after the date listed in the agreement;
{3) The Sponsor fails to comply with the terms and conditions of this agreement, including a material fallure to comply with the Project Schedule even if it is beyond the reasonable control of the Sponsor;
(4) Circumstances cause changes to the Project that the FAA determines are inconsistent with the FAA's basis for selecting the Project to receive a grant; or {5) The FAA determines that termination of this agreement is in the public interest. (b) In terminating this agreement under this section, the FAA may elect to consider only the interests of the FAA.
(c) The Sponsor may request that the FAA terminate the agreement under this section.
3. Ineligible or Unallowable Costs. In accordance with 49 U.S.C. § 49 U.S.C. § 47110, the Sponsor is prohibited from including any costs in the grant funded portions of the project that the FAA has determined to be ineligible or unallowable, including costs incurred to carry out airport development implementing policies and Initiatives repealed by Executive Order 14148, provided such costs are not otherwise permitted by statute.
4. Indirect Costs - Sponsor. The Sponsor may charge indirect costs under this award by applying the indirect cost rate Identified in the project application as accepted by the FAA, to allowable costs for Sponsor direct salaries and wages.
5. Determining the Final Federal Share of Costs. The United States' share of allowable project costs will be made In accordance with 49 U.S.C. § 47109, the regulations, policies, and procedures of the Secretary of Transportation ("Secretary"), and any superseding legislation. Final determination of the United States' share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs.
6. Completing the Project Without Delay and in Conformance with Requirements. The Sponsor must carry out and complete the project without undue delays and in accordance with this Agreement, 49 U.S.C. Chapters 471 and 475, the regulations, policies, and procedures of the Secretary. Per 2 CFR § 5 EXHIBIT A
665
200.308, the Sponsor agrees to report and request prior FAA approval for any disengagement from performing the project that exceeds three months or a 25 percent reduction in time devoted to the project. The report must include a reason for the project stoppage. The Sponsor also agrees to comply with the grant assurances, which are part of this Agreement.
7. Amendments or Withdrawals before Grant Acceptance. The FAA reserves the right to amend or withdraw thls offer at any time prior to its acceptance by the Sponsor.
8. Offer Expiration Date. This offer will expire and the United States will not be obligated to pay any part of the costs of the project unless this offer has been accepted by the Sponsor on or before or such subsequent date as may be prescribed In writing by the FAA.
9. Improper Use of Federal Funds and Mandatory Disclosure. a. The Sponsor must take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner for any project upon which Federal funds have been expended. For the purposes of this Grant Agreement, the term "Federal funds" means funds however used or dispersed by the Sponsor, that were originally paid pursuant to this or any other Federal grant agreement. The Sponsor must obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. The Sponsor must return the recovered Federal share, including funds recovered by settlement, order, or judgment, to the Secretary. The Sponsor must furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share require advance approval by the Secretary.
b. The Sponsor, a recipient, and a subrecipient under this Federal grant must promptly comply with the mandatory disclosure requirements as established under 2 CFR § 200.113, including reporting requirements related to recipient integrity and performance in accordance with Appendix XII to 2 CFR Part 200.
10. United States Not Liable for Damage or Injury. The United States is not responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this Grant Agreement.
11. System for Award Management (SAM) Registration and Unique Entity Identifier (UEI}. a. Requirement for System for Award Management (SAM): Unless the Sponsor is exempted from this requirement under 2 CFR § 25.110, the Sponsor must maintain the currency of its information in the SAM until the Sponsor submits the final financial report required under this Grant, or receives the final payment, whichever is later. This requires that the Sponsor review and update the information at least annually after the initial registration and more frequently if required by changes in information or another award term. Additional information about registration procedures may be found at the SAM website (currently at http://www.sam.gov). b. Unique entity identifier (UEI) means a 12-character alpha-numeric value used to identify a specific commercial, nonprofit or governmental entity. A UEI may be obtained from SAM.gov at https://sam.gov/content/entity-registration.
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12. Electronic Grant Payment(s). Unless otherwise directed by the FAA, the Sponsor must make each payment request under this Agreement electronically via the Delphi elnvoicing System for Department ofTransportation (DOT) Financial Assistance Awardees.
13. Informal Letter Amendment of AIP Projects. If, during the life of the project, the FAA determines that the maximum grant obligation of the United States exceeds the expected needs of the Sponsor by $25,000 or five percent (5%), whichever is greater, the FAA can issue a letter amendment to the Sponsor unilaterally reducing the maximum obligation.
The FAA can also issue a letter to the Sponsor increasing the maximum obligation if there is an overrun in the total actual eligible and allowable project costs to cover the amount of the overrun provided it will not exceed the statutory limitations for grant amendments. The FAA's authority to increase the maximum obligation does not apply to the "planning'' component of Condition No. 1, Maximum Obligation.
The FAA can also issue an informal letter amendment that modifies the grant description to correct administrative errors or to delete work items if the FAA finds it advantageous and in the best interests of the United States.
An informal letter amendment has the same force and effect as a formal grant amendment.
14. Environmental Standards. The Sponsor is required to comply with all applicable environmental standards, as further defined in the Grant Assurances, for all projects in this grant. If the Sponsor fails to comply with this requirement, the FAA may suspend, cancel, or terminate this Grant Agreement.
15. Financial Reporting and Payment Requirements. The Sponsor will comply with all Federal financial reporting requirements and payment requirements, including submittal of timely and accurate reports.
16. Buy American. Unless otherwise approved in advance by the FAA, In accordance with 49 U.S.C. § 50101, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured goods produced outside the United States to be used for any project for which funds are provided under this Grant. The Sponsor will include a provision implementing Buy American in every contract and subcontract awarded under this Grant.
17. Build America, Buy America. The Sponsor must comply with the requirements under the Build America, Buy America Act (P.L. 117-58).
18. Maximum Obligation Increase. In accordance with 49 U.S.C. § 47108(b)(3), as amended, the maximum obligation of the United States, as stated in Condition No. 1, Maximum Obligation, of this Grant:
a. May not be increased for a planning project;
b. May be increased by not more than 15 percent for development projects, if funds are available; c. May be increased by not more than the greater of the following for a land project, if funds are available:
1. 15 percent; or
2. 25 percent of the total increase in allowable project costs attributable to acquiring an interest in the land.
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If the Sponsor requests an increase, any eligible increase in funding will be subject to the United States Government share as provided in 49 U.S.C. § 47110, or other superseding legislation if applicable, for the fiscal year appropriation with which the increase i's funded. The FAA is not responsible for the same Federal share provided herein for any amount increased over the initial grant amount. The FAA may adjust the Federal share as applicable through an informal letter of amendment.
19. Audits for Sponsors.
PUBLIC SPONSORS. The Sponsor must provide for a Single Audit or program-specific audit in accordance with 2 CFR Part 200. The Sponsor must submit the audit reporting package to the Federal Audit Clearinghouse on the Federal Audit Clearinghouse's Internet Data Entry System at http://harvester.census.gov/facweb/. Upon request of the FAA, the Sponsor shall provide one copy of the completed audit to the FAA. Sponsors that expend less than $1,000,000 In Federal awards and are exempt from Federal audit requirements must make records available for review or audit by the appropriate Federal agency officials, State, and Government Accountability Office. The FAA and other appropriate Federal agencies may request additional information to meet all Federal audit requirements.
20. Suspension or Debarment. When entering into a "covered transaction" as defined by 2 CFR § 180.200, the Sponsor must:
a. Verify the non-Federal entity ls eligible to participate in this Federal program by:
1. Checking the System for Award Management (SAM.gov) exclusions to determine if the nonFederal entity is excluded or disqualified; or
2. Collecting a certification statement from the non-Federal entity attesting they are not excluded or disqualified from participating; or
3. Adding a clause or condition to covered transactions attesting the individual or firm are not excluded or disqualified from participating.
b. Require prime contractors to comply with 2 CFR § 180.330 when entering into lower-tier transactions with their contractors and sub-contractors. c. Immediately disclose in writing to the FAA whenever (1) the Sponsor learns they have entered into a covered transaction with an ineligible entity or (2) the Public Sponsor suspends or debars a contractor, person, or entity.
21. Ban on Texting While Driving.
a. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, December 30, 2009, the Sponsor Is encouraged to:
1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving when performing any work for, or on behalf of, the Federal government, including work relating to a grant or subgrant.
2. Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as:
L Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and
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ii. Education, awareness, and other outreach to employees about the safety risks associated with texting while driving.
b. The Sponsor must insert the substance of this clause on banning texting while driving in all subgrants, contracts, and subcontracts funded with this Grant.
22. Trafficking in Persons.
1. Posting of contact information.
a. The Sponsor must post the contact information of the national human trafficking hotline (including options to reach out to the hotline such as through phone, text, or TTY) in all public airport restrooms.
2. Provisions applicable to a recipient that Is a private entity. a. Under this Grant, the recipient, its employees, subrecipients under this Grant, and subrecipient's employees must not engage in:
I. Severe forms of trafficking in persons;
ii. The procurement of a commercial sex act during the period of time that the grant or cooperative agreement is in effect;
iii. The use of forced labor in the performance of this grant; or any subaward; or Iv. Acts that directly support or advance trafficking in persons, including the following acts;
a) Destroying, concealing, removing, confiscating, or otherwise denying an employee access to that employee's identity or immigration documents; b) Failing to provide return transportation of pay for return transportation costs to an employee from a country outside the United States to the country from which the employee was recruited upon the end of employment if requested by the employee, unless:
1. Exempted from the requirement to provide or pay for such return transportation by the federal department or agency providing or entering into the grant; or
2. The employee is a victim of human trafficking seeking victim services or legal redress in the country of employment or witness in a human trafficking enforcement action;
c) Soliciting a person for the purpose of employment, or offering employment, by means of materially false or fraudulent pretenses, representations, or promises regarding that employment;
d) Charging recruited employees a placement or recruitment fee; or e) Providing or arranging housing that fails to meet the host country's housing and safety standards.
b. The FAA may unilaterally terminate this Grant or take any remedial actions authorized by 22 U.S.C. § 7104b(c), without penalty, if any private entity under this Grant:
i. Is determined to have violated a prohibition In paragraph (2)(a) of this Grant; or ii. Has an employee that is determined to have violated a prohibition in paragraph(2)(a) of this Grant through conduct that is either:
a) Associated with the performance under this Grant; or 9 EXHIBIT A
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b) Imputed to the recipient or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement)," as implemented by the FAA at 2 CFR Part 1200.
3. Provisions applicable to a recipient other than a private entity. a. The FAA may unilaterally terminate this award or take any remedial actions authorized by 22 U.S.C. § 7104b(c), without penalty, if subrecipient than is a private entity under this award:
i. Is determined to have violated a prohibition in paragraph (2)(a) of this Grant or ii. Has an employee that Is determined to have violated a prohibition in paragraph (2)(a) of this Grant through conduct that Is either:
a) Associated with the performance under this Grant; or b) Imputed to the recipient or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by the FAA at 2 CFR Part 1200.
4. Provisions applicable to any recipient.
a. The recipient must inform the FAA and the DOT Inspector General Immediately of any information you receive from any source alleging a violation of a prohibition in paragraph (2)(a) of this Grant.
b. The FAA's right to unilaterally terminate this Grant as described in paragraphs (2)(b) or (3)(a) of this Grant, implements the requirements of 22 U.S.C. chapter 78, and is in addition to all other remedies for noncompliance that are available to the FAA under this Grant.
c. The recipient must include the requirements of paragraph (2)(a) of this Grant award term in any subaward It makes to a private entity.
d. If applicable, the recipient must also comply with the compliance plan and certification requirements in 2 CFR 175.l0S(b).
5. Definitions. For purposes of this Grant award, term:
a. "Employee" means either:
i. An individual employed by the recipient or a subreclpient who is engaged in the performance of the project or program under this Grant; or ii. Another person engaged In the performance of the project or program under this Grant and not compensated by the recipient Including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing requirements.
b. "Private Entity" means:
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i. Any entity, including for-profit organizations, nonprofit organizations, institutions of higher education, and hospitals. The term does not include foreign public entities, Indian Tribes, local governments, or states as defined in 2 CFR 200.1. ii. The terms "severe forms of trafficking in persons," "commercial sex act," "sex trafficking," "Abuse or threatened abuse of law or legal process," "coercion," "debt bondage,'1 and "involuntary servitude" have the meanings given at section 103 of the lVPA, as amended (22 U.S.C. § 7102).
23. AIP Funded Work Included in a PFC Application. Within 120 days of acceptance of this Grant Agreement, the Sponsor must submit to the FAA an amendment to any approved Passenger Facility Charge (PFC) application that contains an approved PFC project also covered under this Grant Agreement as described in the project application. The airport sponsor may not make any expenditure under this Grant Agreement until project work addressed under this Grant Agreement is removed from an approved PFC application by amendment.
24. Exhibit "A" Property Map. The Exhibit "A" Property Map dated is incorporated herein by reference or is submitted with the project application and made part of this Grant Agreement.
25. Employee Protection from Reprisal. In accordance with 2 CFR § 200.217 and 41 U.S.C. § 4701, an employee of a grantee, subgrantee contractor, recipient or subrecipient must not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in paragraph (a)(2) of 41 U.S.C. 4712 information that the employee reasonably believes is evidence of gross mismanagement of a Federal contract or grant, a gross waste of Federal funds, an abuse of authority relating to a Federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a Federal contract (including the competition for or negotiation of a contract) or grant. The grantee, subgrantee, contractor, recipient, or subrecipient must inform their employees in writing of employee whistleblower rights and protections under 41 U.S.C. § 4712. See statutory requirements for whistleblower protections at 10 U.S.C. § 4701, 41 U.S.C. § 4712, 41 U.S.C. § 4304, and 10 U.S.C. § 4310.
26. Prohibited Telecommunications and Video Surveillance Services and Equipment. The Sponsor agrees to comply with mandatory standards and policies relating to use and procurement of certain telecommunications and video surveillance services or equipment in compliance with the National Defense Authorization Act [P .L. 115-232 § 889(f)(l)] and 2 CFR § 200.216.
27. Critical Infrastructure Security and Resilience. The Sponsor acknowledges that it has considered and addressed physical and cybersecurity and resilience in its project planning, design, and oversight, as determined by the DOT and the Department of Homeland Security (DHS). For airports that do not have specific DOT or OHS cybersecurlty requirements, the FAA encourages the voluntary adoption of the cybersecurity requirements from the Transportation Security Administration and Federal Security Director identified for security risk Category X airports.
28. Title VI of the Civil Rights Act, As a condition of a grant award, the Sponsor shall demonstrate that it complies with the provisions ofTitle VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq) and implementing regulations (49 CFR part 21), the Airport and Airway Improvement Act of 1982 (49 U.S.C. § 47123), the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794 et seq.), the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101, et seq.), U.S. Department of Transportation and Federal Aviation Administration (FAA) Assurances, and other relevant civil rights statutes, regulations, or authorities, including any 11 EXHIBIT A
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amendments or updates thereto. This may include, as applicable, providing a current Title VI Program Plan to the FAA for approval, in the format and according to the timellne required by the FAA, and other Information about the communities that will be benefited and impacted by the project. A completed FAA Title VI Pre-Grant Award Checklist is required for every grant application, unless excused by the FAA. The Sponsor shall affirmatively ensure that when carrying out any project supported by this grant that it compiles with all federal nondiscrimination and civil rights laws based on race, color, national origin, sex, creed, age, disability, genetic information, in consideration for federal financial assistance, The Department's and FAA's Office of Civil Rights may provide resources and technical assistance to recipients to ensure full and sustainable compliance with Federal civil rights requirements. Failure to comply with civil rights requirements will be considered a violation of the agreement or contract and be subject to any enforcement action as authorized by law.
29. FAA Reauthorization Act of 2024. This grant agreement is subject to the terms and conditions contained herein including the terms known as the Grant Assurances as they were published in the Federal Register on April 2025. On May 16, 2024, the FAA Reauthorization Act of 2024 made certain amendments to 49 U.S.C. chapter 471. The Reauthorization Act will require FAA to make certain amendments to the assurances in order to best achieve consistency with the statute. Federal law requires that FAA publish any amendments to the assurances in the Federal Register along with an opportunity to comment. In order not to delay the offer of this grant, the existing assurances are attached herein; however, FAA shall Interpret and apply these assurances consistent with the Reauthorization Act. To the extent there is a conflict between the assurances and Federal statutes, the statutes shall apply. The full text of the FAA Reauthorization Act of 2024 is at https:ljwww.congress.gov/bill/118th-congress/house-bill/393S/text.
30. Applicable Federal Anti-Discrimination Laws. The sponsor agrees:
a. that its compliance in all respects with all applicable Federal anti-discrimination laws is material to the government's payment decisions for purposes of section 3729(b)(4) of title 31, United States Code; and
b. to certify that it does not operate any programs promoting diversity, equity, and inclusion (DEi) that violate any applicable Federal anti-discrimination laws.
31. Federal Law and Public Policy Requirements. The Sponsor shall ensure that Federal funding Is expended in full accordance with the United States Constitution, Federal law, and statutory and public policy requirements: including but not limited to, those protecting free speech, religious liberty, public welfare, the environment, and prohibiting discrimination; and the Sponsor will cooperate with Federal officials in the enforcement of Federal law, Including cooperating with and not impeding U.S. Immigration and Customs Enforcement (ICE) and other Federal offices and components of the Department of Homeland Security in and the enforcement of Federal immigration law.
32. National Airspace System Requirements
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a. The Sponsor shall cooperate with FAA activities installing, maintaining, replacing, improving, or operating equipment and facilities In or supporting the National Airspace System, Including waiving permitting requirements and other restrictions affecting those activities to the maximum extent possible, and assisting the FAA in securing waivers of permitting or other restrictions from other authorities. The Sponsor shall not take actions that frustrate or prevent the FAA from installing, maintaining, replacing, improving, or operating equipment and facilities in or supporting the National Airspace System.
b. If FAA determines that the Sponsor has violated subsection (a), the FAA may impose a remedy, including:
(1) additional conditions on the award;
(2) consistent with 49 U.S.C chapter 471,.any remedy permitted under 2 C.F.R. 200.339- 200.340, including withholding of payments; disallowance of previously reimbursed costs, requiring refunds from the Recipient to the DOT; suspension or termination of the award; or suspension and debarment under 2 C.F.R. part 180; or (3) any other remedy legally available.
c. (In imposing a remedy under this condition, the FAA may elect to consider the Interests of only the FAA.
d. The Sponsor acknowledges that amounts that the FAA requires the Sponsor to refund to the FAA due to a remedy under this condition constitute a debt to the Federal Government that the FAA may collect under 2 C.F.R. 200.346 and the Federal Claims Collection Standards (31 C.F.R. parts 900-904 ).
33. Signage Costs for Construction Projects. The Sponsor agrees that it will require the prime contractor of a Federally- assisted airport improvement project to post signs consistent with a DOT/FAAprescribed format, as may be requested by the DOT/FAA, and further agrees to remove any signs posted in response to requests received prior to February 1, 2025.
34. Title 8 - U.S.C., Chapter 12, Subchapter II - Immigration. The sponsor will follow applicable federal laws pertaining to Subchapter 12, and be subject to the penalties set forth in 8 U.S.C. § 1324, Bringing in and harboring certain aliens, and 8 U.S.C. § 1327, Aiding or assisting certain aliens to enter
SPECIAL CONDITIONS
35. Lighting. The Sponsor must operate and maintain the lighting system during the useful life of the system in accordance with applicable FAA standards.
36. Plans and Specifications Approval Based Upon Certification. The FAA and the Sponsor agree that the FAA's approval of the Sponsor's Plans and Specification is based primarily upon the Sponsor's certification to carry out the project in accordance with policies, standards, and specifications approved by the FAA. The Sponsor understands that:
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a. The Sponsor's certification does not relieve the Sponsor of the requirement to obtain prior FAA approval for modifications to published FAA airport development grant standards or to notify the FAA of any limitations to competition within the project; b. The FAA's acceptance of a Sponsor's certification does not limit the FAA from reviewing appropriate project documentation for the purpose of validating the certification statements; and
c. If the FAA determines that the Sponsor has not complied with their certification statements, the FAA will review the associated project costs to determine whether such costs are allowable under this Grant and associated grants.
37. Buy American Executive Orders. The Sponsor agrees to abide by applicable Executive Orders in effect at the time this Grant Agreement is executed, including Executive Order 14005, Ensuring the Future Is Made in All of America by All of America's Workers.
38. Duffy Plaintiff Special Term. Pursuant to the court's preliminary injunction order in State of California v. Duffy, 1:25-cv-00208-JJM-PAS (D.R.I.} (June 19, 2025), DOT will not impose or enforce the challenged immigration enforcement condition* or any materially similar terms and conditions, to any grant funds awarded, directly or indirectly, to Plaintiff States or local government entities within those States (collectively referred to as "Plaintiff State Entitles"), or otherwise rescind, withhold, terminate, or take other adverse action, absent specific statutory authority, based on the challenged immigration enforcement condition while DOT is subject to an injunction. DOT will not require Plaintiff State Entities to make any certification or other representation related to compliance with the challenged immigration enforcement condition nor will DOT construe acceptance of funding from DOT as certification as to the challenged immigration enforcement condition.
*The challenged immigration enforcement condition:
"[T)he Recipient will cooperate with Federal officials in the enforcement of Federal law, including cooperating with and not Impeding U.S. Immigration and Customs Enforcement (ICE) and other Federal offices and components of the Department of Homeland Security in the enforcement of Federal immigration law."
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The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the Grant Assurances, terms, and conditions as provided herein, Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer.
Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time.
I declare under penalty of perjury that the foregoing Is true and correct.1
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
Am CVloi
{Signature)
Amy Choi
(Typed Name)
Manager, SFO ADO
{Title of FAA 0/f/clal}
1 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. § 1001 {False Statements) and could subject you to fines, imprisonment, or both. 15 EXHIBIT A
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Part II - Acceptance
The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer, and does hereby accept this Offer and by such acceptance agrees to comply with all of the Grant Assurances, terms, and conditions in this Offer and in the Project Application.
Please read the following information: By signing this document, you are agreeing that you have reviewed th"e following consumer disclosure Information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time.
I declare under penalty of perjury that the foregoing is true and correct. 2 Dated
(Signature of Sponsots A11thorlted Officio/)
By:
(Typed Nome of Sponsor's Authorized Off/clol)
{Tltle of Sponsor's Authorized Officio/)
1 Knowingly and willfully providing false Information to the Federal government is a violation of 18 U.S.C. § 1001 (False Statements) and could subject you to fines, imprisonment, or both. 16 EXHIBIT A
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CERTIFICATE OF SPONSOR'S ATTORNEY
l, ., acting as Attorney for the Sponsor do hereby certify:
That in my opinion the Sponsor is em powered to enter into the foregoing Grant Agreement under the laws of the State of California . Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative, who has been duly authorized to execute this Grant Agreement, which is in all respects due and proper and in accordance with the laws of the said State; and Title 49, United States Code (U.S.c.), Chapters 471 and 475; 49 U.S.C. §§ 40101 et seq., and 48103; FAA Reauthorization Act of 2018 (P.L. 115-254}; the Department of Transportation Appropriations Act, 2021 (P.L. 116-260, Division L); the Consolidated Appropriations Act, 2022 ( P.L. 117-103); Consolidated Appropriations Act, 2023 ( P.l. 117-328); Consolidated Appropriations Act, 2024 (P.L. 118-42); FAA Reauthorization Act of 2024 (P.L. 118-63); and the representations contained In the Project Application. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof.
Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time.
I declare under penalty of perjury that the foregoing is true and correct. 3 Dated at
(Signature of Sponsor's Anorney J
3 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. § 1001 (False Statements) and could subject you to fines, imprisonment, or both. 17 EXHIBIT A
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A. General.
ASSURANCES
AIRPORT SPONSORS
1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors.
2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions ofTitle 49, U.S.C., subtitle VII, as amended. As used herein, the term "public agency sponsor" means a public agency with control of a public-use airport; the term "private sponsor" means a private owner of a public-use airport; and the term "sponsor" includes both public agency sponsors and private sponsors.
3. Upon acceptance of this grant offer by the sponsor, these assurances are Incorporated in and become part of this Grant Agreement.
B. Duration and Applicability.
1. Airport Development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor.
The terms, conditions and assurances of this Grant Agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances.
2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor.
The preceding paragraph (1) also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project.
3. Airport Planning Undertaken by a Sponsor.
Unless otherwise specified In this Grant Agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 23, 25, 30, 32, 33, 34, 37, and 40 in Section C apply to planning projects. The terms, conditions, and assurances of this Grant Agreement shall remain in full force and effect during the life of the project; there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport ls used as an airport.
Alrp(lft Sponsors /\ssur.mcu P180 l ol 19
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C. Sponsor Certification.
The sponsor hereby assures and certifies, with respect to this grant that:
1. General Federal Requirements
It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance, and use of Federal funds for this Grant.
Performance under this agreement shall be governed by and In compliance with the following requirements, as applicable, to the type of organization of the Sponsor and any applicable sub-recipients. The applicable provisions to this agreement include, but are not limited to, the following:
FEDERAL LEGISLATION
a. 49 U.S.C. subtitle VII, as amended.
b. Davis-Bacon Act, as amended - 40 U.S.C. §§ 3141-3144, 3146, and 3147, et seq.1 c. Federal Fair Labor Standards Act- 29 U.S.C. § 201, et seq. d. Hatch Act-5 U.S.C. § 1501, et seq.2
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. § 4601, et seq.1
• 2
f. National Historic Preservation Act of 1966-Section 106 - 54 U.S.C. § 306108.1 g. Archeological and Historic Preservation Act of 1974- 54 U.S.C. § 312501, et seq.1 h. Native Americans Grave Repatriation Act -25 U.S.C. § 3001, et seq. i. Clean Air Act, P.L. 90-148, as amended -42 U.S.C. § 7401, et seq.
J
. Coastal Zone Management Act, P.L. 92-583, as amended -16 U.S.C. § 1451, et seq. k. Flood Disaster Protection Act of 1973 -Section 102/a) - 42 U.S.C. § 4012a.1 I. 49 U.S.C. § 303, (formerly known as Section 4(f)).
m. Rehabilitation Act of 1973 - 29 U.S.C. § 794.
n. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.) (prohibits discrimination on the basis of race, color, national origin).
o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.) (prohibits discrimination on the basis of disability).
p. Age Discrimination Act of 1975 - 42 U.S.C. § 6101, et seq. q. American Indian Religious Freedom Act, P.L. 95-341, as amended. r. Architectural Barriers Act of 1968, as amended -42 U.S.C. § 4151, et seq.1 s. Powerplant and Industrial Fuel Use Act of 1978-Section 403 -42 U.S.C. § 8373.1 t. Contract Work Hours and Safety Standards Act- 40 U.S.C. § 3701, et seq.1 u. Copeland Anti-kickback Act-18 U.S.C. § 874.1
Ahporl Spon,ou ru,uranc:01 Pogo tol 19
EXHIBIT A
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v. National Environmental Policy Act of 1969 -42 U.S.C. § 4321, et seq.1 w. Wild and Scenic Rivers Act, P.L. 90-542., as amended -16 U.S.C. § 1271, et seq. x. Single Audit Act of 1984- 31 U.S.C. § 7501, et seq.2 y. Drug-Free Workplace Act of 1988- 41 U.S.C. §§ 8101 through 8105. z. The Federal Funding Accountability and Transparency Act of 2006, as amended (P.L. 109-282, as amended by section 6202 of P.L. 110-252).
aa. Civil Rights Restoration Act of 1987, P.L. 100-259. bb. Infrastructure Investment and Jobs Act, P.L.117-58, Title VIII. cc. Build America, Buy America Act, P.L. 117-58, Title IX. dd. Endangered Species Act-16 U.SC. 1531, et seq.
ee. Title IX of the Education Amendments of 1972, as amended -20 U.S.C. 1681-1683 and 1685- 1687.
ff. Drug Abuse Office and Treatment Act of 1972, as amended -21 U.S.C. 1101, et seq. gg. Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, P.L. 91- 616, as amended - 42 u.s.c. § 4541, et seq.
hh. Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, P.L. 91- 616, as amended -42 U.S.C. § 4541, et seq.
ii. Appropriated Funds to Influence Certain Federal Contracting and Financial Transactions -31 u.s.c. § 1352,
EXECUTIVE ORDERS
a. Executive Order 11990- Protection of Wetlands
b. Executive Order 11988- Floodplain Management
c. Executive Order 12372 -Intergovernmental Review of Federal Programs d. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Constructioni
e. Executive Order 14005- Ensuring the Future is Made in all of America by All of America's Workers
f. Executive Order 14149 -Restoring Freedom of Speech and Ending Federal Censorship g. Executive Order 14151 -Ending Radical and Wasteful Government DEi Programs and Preferenclng
h. Executive Order 14154 - Unleashing American Energy
i. Executive Order 14168 -Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government
J. Executive Order 14173 -Ending Illegal Discrimination and Restoring Merit-Based Opportunity Al1port s,,onsou Aour1nce1 l'•v.• 3ol 19
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FEDERAL REGULATIONS
a. 2 CFR Part 180-OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement).
b, 2 CFR Part 200 and 1201-Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. 3
,
4 ,
5 c. 2 CFR Part 1200 - Nonprocurement Suspension and Debarment. d. 14 CFR Part 13 - Investigative and Enforcement Procedures. e. 14 CFR Part 16-Rules of Practice for Federally-Assisted Airport Enforcement Proceedings. f. 14 CFR Part 150-Airport Noise Compatibility Planning. g. 28 CFR Part 35 - Nondiscrimination on the Basis of Disability in State and Local Government Services.
h. 28 CFR § 50.3 - U.S. Department of Justice Guidelines for the Enforcement of Title VI of the Civil Rights Act of 1964.
i. 29 CFR Part 1-Procedures for Predetermination of Wage Rates.1 j
. 29 CFR Part 3 -Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States.1 k. 29 CFR Part 5- Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act). 1 I. 41 CFR Part 60-Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and Federally-assisted contracting requirements).1 m. 49 CFR Part 20-New Restrictions on Lobbying.
n. 49 CFR Part 21-Nondiscrim inatlon In Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964. o. 49 CFR Part 23 -Participation by Disadvantage Business Enterprise in Airport Concessions. p. 49 CFR Part 24-Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally-Assisted Programs.1• 2
q. 49 CFR Part 26- Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs.
r. 49 CFR Part 27 -Nondiscrimination on the Basis of Disability In Programs or Activities Receiving 1 =ederal Financial Assistance. 1
s. 49 CFR Part 28 -Enforcement of Nondiscrimination on the Basis of Mandicap in Programs or Activities Conducted by the Department of Transportation. t. 49 CFR Part 30 -Denial of Public Works Contracts to Suppliers of Goods and Services of Countries That Deny Procurement Market Access to U.S. Contractors. u. 49 CFR Part 32 -Governmentwide Requirements for Drug-Free Workplace (Financial Assistance).
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v. 49 CFR Part 37 -Transportation Services for Individuals with Disabilities (ADA). w. 49 CFR Part 38 -Americans with Disabilities Act (ADA) Accessibility Specifications for Transportation Vehicles.
x. 49 CFR Part 41- Seismic Safety.
FOOTNOTES TO ASSURANCE (C}(l}
1 These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors.
3 2 CFR Part 200 contains requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation shall apply where applicable to private sponsors receiving Federal assistance under Title 49, United States Code.
4 Cost principles established in 2 CFR Part 200 subpart E must be used as guidelines for determining the eligibility of specific types of expenses. 5 Audit requirements established in 2 CFR Part 200 subpart F are the guidelines for audits.
SPECIFIC ASSURANCES
Specific assurances required to be included In grant agreements by any of the above laws, regulations or circulars are incorporated by reference in this Grant Agreement.
2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor:
It has legal authority to apply for this Grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor:
It has legal authority to apply for this Grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this Grant Agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required.
3. Sponsor Fund Availability.
It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under this Grant Agreement which it will own or control.
4. Good Title.
a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired.
Airport SponsQ1J AJ.Sur.im;o, Plll]05ol19
EXHIBIT A
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b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained.
5. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in this Grant Agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary.
b. Subject to 49 U.S.C. § 47107(a)(16) and (x), it will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in this Grant Agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of this Grant Agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this Grant Agreement. c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public-use airport in accordance with these assurances for the duration of these assurances.
f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with Title 49, United States Code, the regulations and the terms, conditions and assurances in this Grant Agreement and shall ensure that such arrangement also requires compliance therewith.
g. Sponsors of commercial service airports will not permit or enter into any arrangement that results in permission for the owner or tenant of a property used as a residence, or zoned for residential use, to taxi an aircraft between that property and any location on airport. Sponsors Airport Sponsou Assu,ance-1 Page 6ofl9
EXHIBIT A
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of general aviation airports entering into any arrangement that results in permission for the owner of residential real property adjacent to or near the airport must comply with the requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances.
6. Consistency with Local Plans.
The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport.
7. Consideration of Local Interest.
It has given fair consideration to the Interest of communities in or near where the project may be located.
8. Consultation with Users.
In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed.
9. Public Hearings.
In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary.
Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project.
10. Metropolitan Planning Organization.
In projects involving the location of an airport, an airport runway, or a major runway extension at a medium or large hub airport, the sponsor has made available to and has provided upon request to the metropolitan planning organization in the area in which the airport is located, if any, a copy of the proposed amendment to the airport layout plan to depict the project and a copy of any airport master plan in which the project is described or depicted.
11. Pavement Preventive Maintenance-Management.
With respect to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance-management program and It assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management pr0grams as the Secretary determines may be useful.
12. Terminal Development Prerequisites.
For projects which include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under 49 U.S.C. § 44706, and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft.
Afrport Sponsors l\uur111ci111
EXHIBIT A
684
13. Accounting System, Audit, and Record Keeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of this Grant, the total cost of the project In connection with which this Grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit In accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to this Grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an Independent audit Is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which this Grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made.
14. Minimum Wage Rates.
It shall include, In all contracts in excess of $2,000 for work on any projects funded under this Grant Agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor under 40 U.S.C. §§ 3141-3144, 3146, and 3147, Public Building, Property, and Works), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included In proposals or blds for the work.
15. Veteran's Preference.
It shall include in all contracts for work on any project funded under this Grant Agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Vietnam era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, dlsa bled veterans, and small business concerns owned and controlled by disabled veterans as defined in 49 U.S.C. § 47112.
However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates.
16. Conformity to Plans and Specifications.
It will execute the project subject to plans, specifications, and schedules approved by the Secretary.
Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this Grant Agreement, and, upon approval of the Secretary, shall be incorporated into this Grant Agreement.
Any modification to the approved plans, specifications, and schedules shall also be subject to approval of the Secretary, and incorporated into this Grant Agreement.
17. Construction Inspection and Approval.
It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to Inspection and approval by the Secretary and such work shall be In Al1po1t Sponsou. Msu,1ncas P,,6e8of J9
EXHIBIT A
685
accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary.
18. Planning Projects.
In carrying out planning projects:
a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities.
c. it will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country.
e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g.
It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any pa rt of the project.
h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant.
19. Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state, and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with Its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the sponsor will have In effect arrangements for:
1. Operating the airport's aeronautical facilities whenever required;
2. Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and
3. Promptly notifying pilots of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood, or other climatic conditions Airport Spomon Assur.mces P.1r,c9of 19
EXHIBIT A
686
interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program Items that it owns or controls upon which Federal funds have been expended.
20. Hazard Removal and Mitigation.
It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards.
21. Compatible Land Use.
It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, If the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended.
22. Economic Nondiscrimination.
a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to:
1. Furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and
2. Charge reasonable, and not unjustly discriminatory, prices for each unit or servlce, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. c. Each fixed-based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed-based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed-based operator that Is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport (whether as a tenant, non-tenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers AlrJ)Oll Sponsors Assuro1nces Paue ioof H>
EXHIBIT A
687
which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or non-tenants and signatory carriers and non-signatory carriers.
Classificatlon or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers In such classification or status.
f. It will not exercise or grant any right or privilege which operates to prevent any person, flrm, or corporation operating aircraft on the airport from performing any services on Its own aircraft with Its own employees (including, but not limited to maintenance, repair, and fueling) that It may choose to perform.
g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions.
h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport.
i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public.
23. Exclusive Rights.
It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed-based operator shall not be construed as an exclusive right if both of the following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than one fixed-based operator to provide such services, and
b. If allowing more than one fixed-based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed-based operator anq such airport. It further agrees that it will not, either directly or Indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, Including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code.
24. Fee and Rental Structure.
It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for /\lrs,ort S11om,01s Auur110CC1s P•ge llof 19
EXHIBIT A
688
which a Grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport.
25. Airport Revenues.
a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport.
The following exceptions apply to this paragraph:
1. If covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply.
2. If the Secretary approves the sale of a privately owned airport to a public sponsor and provides funding for any portion of the public sponsor's acquisition of land, this limitation on the use of all revenues generated by the sale sha II not apply to certain proceeds from the sale. This is conditioned on repayment to the Secretary by the private owner of an amount equal to the remaining unamortized portion (amortized over a 20-year period) of any airport improvement grant made to the private owner for any purpose other than land acquisition on or after October 1, 1996, plus an amount equal to the federal share of the current fair market value of any land acquired with an airport improvement grant made to that airport on or after October 1, 1996.
3. Certain revenue derived from or generated by mineral extraction, production, lease, or other means at a general aviation airport (as defined at 49 U.S.C. § 47102), if the FAA determines the airport sponsor meets the requirements set forth in Section 813 of Public Law 112-95.
b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator.
c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of 49 U.S.C. § 47107.
26. Reports and Inspections.
It will:
a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the AJtport SponsorsAssUJantu P•g, 12ofl9
EXHIBIT A
689
public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary;
b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request;
c. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of this Grant Agreement including deeds, leases, agreements, regulations, and other instruments, available for Inspection by any duly authorized agent of the Secretary upon reasonable request; and d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail:
1. all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and
2. all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property.
27. Use by Government Aircraft.
It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that:
a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or
b. The total number of movements (counting each land Ing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds.
28. Land for Federal Facilities.
It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather-reporting and communication activities related to air traffic control, any areas of land or water, or estate therein as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary.
AJrrion SponiorJ Aumancu P•gol!ofl9
EXHIBIT A
690
29. Airport Layout Plan.
a. The airport owner or operator will maintain a current airport layout plan of the airport showing:
1. boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto;
2. the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities;
3. the location of all existing and proposed non-aviation areas and of all existing Improvements thereon; and
4. all proposed and existing access points used to taxi aircraft across the airport's property boundary.
b. Subject to subsection 49 U.S.C. § 47107(x), the Secretary will review and approve or disapprove the plan and any revision or modification of the plan before the plan, revision, or modification takes effect.
c. The owner or operator will not make or allow any alteration in the airport or any of its facilities unless the alteration1. is outside the scope of the Secretary's review and approval authority as set forth in subsection (x); or
2. complies with the portions of the plan approved by the Secretary. d. When the airport owner or operator makes a change or alteration in the airport or the facilities which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary:
1. eliminate such adverse effect in a manner approved by the Secretary; or
2. bear all costs of relocating such property or its replacement to a site acceptable to the Secretary and of restoring the property or its replacement to the level of safety, utility, efficiency, and cost of operation that existed before the alteration was made, except in the case of a relocation or replacement of an existing airport facility due to a change in the Secretary1
s design standards beyond the control of the airport sponsor.
30. Civil Rights.
It will promptly take any measures necessary to ensure that no person in the United States shall, on the grounds of race, color, and national origin (including limited English proficiency) in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d to 2000d-4); creed and sex per 49 U.S.C. § 47123 and related requirements; age per the Age Discrimination Act of 1975 and related requirements; or disability per the Americans with Disabilities Act of 1990 and related requirements, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any program and activity conducted with, or benefiting from, funds received from this Grant.
1 >a30 14 uf l!l
EXHIBIT A
691
a. Using the definitions of activity, facility, and program as found and defined in 49 CFR §§ 21.23(b) and 21.23(e), the sponsor will facilitate all programs, operate all facilities, or conduct all programs in compliance with all non-discrimination requirements imposed by or pursuant to these assurances.
b. Applicability
1. Programs and Activities. If the sponsor has received a grant (or other federal assistance) for any of the sponsor's program or activities, these requirements extend to all of the sponsor's programs and activities.
2. Facilities. Where it receives a grant or other federal financial assistance to construct, expand, renovate, remodel, alter, or acquire a facility, or part of a facility, the assurance extends to the entire facility and facilities operated in connection therewith.
3. Real Property. Where the sponsor receives a grant or other Federa I financial assistance in the form of, or for the acquisition of real property or an interest in real property, the assurance will extend to rights to space on, over, or under such property. c. Duration.
The sponsor agrees that it Is obligated to this assurance for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the assurance obligates the sponsor, or any transferee for the longer of the following periods:
1. So long as the airport is used as an airport, or for another purpose involving the provision of similar services or benefits; or
2. So long as the sponsor retains ownership or possession of the property. d. Required Solicitation Language. It will include the following notification in all solicitations for bids, Requests For Proposals for work, or material under this Grant Agreement and in all proposals for agreements, including airport concessions, regardless of funding source:
"Th in accordance with the provisions of Title VI of the Civil Rights Act of 1964 ( 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that for any contract entered Into pursuant to this advertisement, all businesses will be afforded full and fair opportunity to submit bids in response to this Invitation and no businesses will be discriminated against on the grounds of race, color, national origin (including limited English proficiency), creed, sex , age, or disability In consideration for an award."
e. Required Contract Provisions.
1. It will insert the non-discrimination contract clauses requiring compliance with the acts and regulations relative to non-discrimination in Federally-assisted programs of the Department of Transportation (DOT), and incorporating the acts and regulations into the contracts by reference in every contract or agreement subject to the non-discrimination in Federally-assisted programs of the DOT acts and regulations,
2. It will include a list of the pertinent non-dlscrlmlnation authorities in every contract that is subject to the non-discrimination acts and regulations.
Atr11otl suo-nsors J\s,u1.11\<M P:110 15 ol 19
EXHIBIT A
692
3. It will insert non-discrimination contract clauses as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a sponsor.
4. It will insert non-discrimination contract clauses prohibiting discrimination on the basis of race, color, national origin (Including limited English proficiency), creed, sex, age, or disability as a covenant running with the land, in any future deeds, leases, license, permits, or similar instruments entered Into by the sponsor with other parties:
a. For the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. For the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. f. It will provide for such methods of administration for the program as are found by the Secretary to give reasonable guarantee that it, other recipients, sub-recipients, sub-grantees, contractors, subcontractors, consultants, transferees, successors in Interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the acts, the regulations, and this assurance. g. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the acts, the regulations, and this assurance.
31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes, including land serving as a noise buffer, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will be, at the discretion of the Secretary, (1) reinvested in another project at the airport, or (2) transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order:
1. Reinvestment in an approved noise compatibility project;
2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C. § 47117(e);
3. Reinvestment In an approved airport development project that is eligible for grant funding under 49 U.S.C. §§ 47114, 47115, or 47117;
4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport; or
5. Payment to the Secretary for deposit in the Airport and Airway Trust Fund.
If land acquired under a grant for noise compatibility purposes is leased at fair market value and consistent with noise buffering purposes, the lease will not be considered a disposal of the land. Revenues derived from such a lease may be used for an approved airport development project that would otherwise be eligible for grant funding or any permitted use of airport revenue.
b. For land purchased under a grant for airport development purposes (other than noise compatlblllty), It will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United P"CU l60[ 19
EXHIBIT A
693
States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, upon application to the Secretary, be reinvested or transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order:
1. Reinvestment in an approved noise compatibility project;
2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C. § 47117(e);
3. Reinvestment in an approved airport development project that is eligible for grant funding under 49 U.S.C. §§ 47114, 47115, or 47117;
4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport; or
5. Payment to the Secretary for deposit in the Airport and Airway Trust Fund. c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim uses of such land contributes to the financial selfsufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, w?s notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989.
d. Disposition of such land under (a), (b), or (c) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport.
32. Engineering and Design Services.
If any phase of such project has received Federal funds under Chapter 471 subchapter 1 ofTitle 49 U.S.C., it will award each contract, or sub-contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services in the same manner as a contract for architectural and engineering services is negotiated under Chapter 11 of Title 40 U S.C., or an equivalent qualifications-based requirement prescribed for or by the sponsor of the airport.
33. Foreign Market Restrictions.
It will not allow funds provided under this Grant to be used to fund any project which uses any product or service of a foreign country during the period In which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction.
34. Policies, Standards, and Specifications.
It will carry out any project funded under an Airport Improvement Program Grant in accordance with policies, standards, and specifications approved by the Secretary including, but not limited to, current FAA Advisory Circulars (https://www.faa.gov/sites/faa.gov/files/alp-pfc-checkllst O.pdf) for AIP projects as of April 28, 2025.
P1110 l'lofl9
EXHIBIT A
694
35. Relocation and Real Property Acquisition.
a. It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. b. It will provide a relocation assistance program offering the services described in Subpart C of 49 CFR Part 24 and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24.
c. It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24.
36. Access By Intercity Buses.
The airport owner or operator will permit, to the maximum extent practicable, Intercity buses or other modes of transportation to have access to the airport; however, It has no obligation to fund special facilities for intercity buses or for other modes of transportation.
37. Disadvantaged Business Enterprises.
The sponsor shall not discriminate on the basis of race, color, national origin, or sex, in the award and performance of any DOT-assisted contract covered by 49 CFR Part 26, or In the award and performance of any concession activity contract covered by 49 CFR Part 23. In addition, the sponsor shall not discriminate on the basis of race, color, national origin or sex in the administration of its Disadvantaged Business Enterprise (DBE) and Airport Concessions Disadvantaged Business Enterprise (ACDBE) programs or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts, and/or concession contracts. The sponsor's DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT, are incorporated by reference In this agreement. Implementation of these programs Is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the sponsor of its failure to carry out its approved program, the Department may impose sanctions as provided for under Parts 26 and 23 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. § 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. §§ 3801-3809, 3812).
38. Hangar Construction.
If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner's expense, the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may Impose.
39. Competitive Access.
a. If the airport owner or operator of a medium or large hub airport (as defined in 49 U.S.C. § 47102) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary that:
1. Describes the requests;
2. Provides an explanation as to why the requests could not be accommodated; and Pt,gll' 18 of 19
EXHIBIT A
695
3. Provides a time frame within which, if any, the airport will be able to accommodate the requests.
b. Such report shall be due on either February 1 or August 1 of each year if the airport has been unable to accommodate the request(s) in the six month period prior to the applicable due date.
40. Access to Leaded Aviation Gasoline
a. If 100-octane low lead aviation gasoline (l00LL) was made available at an airport, at any time during calendar year 2022, an airport owner or operator may not restrict or prohibit the sale of, or self-fueling with, 100-octane low lead aviation gasoline. b. This requirement remains until the earlier of December 31, 2030, or the date on which the airport or any retail fuel seller at the airport makes available an unleaded aviation gasoline that has been authorized for use by the FAA as a replacement for 100-octane low lead aviation gasoline for use in nearly all piston-engine aircraft and engine models; and meets either an industry consensus standard or other standard that facilitates the safe use, production, and distribution of such unleaded aviation gasoline, as determined appropriate by the FAA. c. An airport owner or operator understands and agrees, that any violation of this grant assurance is subject to civil penalties as provided for in 49 U.S.C. § 46301(a)(8}.
Alr11ort Spon,orJ Auurilm;oJ P•&• 19oll9
EXHIBIT A
696
CITY COUNCIL STAFF REPORT ITEM NO. 6.24
DATE: September 14, 2026
TO: Honorable Mayor and City Council
FROM: Kristen Hilton, Acting Administrative Services Director SUBJECT: Resolution approving a side letter agreement between the Livermore-Pleasanton Fire Department Joint Powers Authority and the International Association of Firefighters, Local 1974 amending Section 5 (Salaries) and Section 31 (Hazardous Material Response Team) of the Memorandum of Understanding with a term ending June 30, 2029.
RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution approving a side letter agreement between the Livermore-Pleasanton Fire Department Joint Powers Authority and the International Association of Firefighters, Local 1974 amending Section 5 (Salaries) and Section 31 (Hazardous Material Response Team) of the Memorandum of Understanding with a term ending June 30, 2029.
SUMMARY
The proposed side letter between Livermore-Pleasanton Fire Department Joint Powers Authority (JPA) and the International Association of Fire Fighters, Local 1974, AFL-CIO-CLC (IAFF Local 1974), amends Section 5 (Salaries) and Section 31 (Hazardous Material Response Team) of the Memorandum of Understanding (MOU) to address the Hazardous Materials Response Team staffing and assignments, compensation, and the process for withdrawing from the team.
DISCUSSION
IAFF Local 1974 represents employees assigned to the Livermore-Pleasanton Fire Department (LPFD) JPA. The JPA and IAFF Local 1974 are parties to a MOU establishing wages, hours, and other terms and conditions of employment. During negotiations in 2025, the parties identified opportunities to address staffing within the Hazmat program, established a joint working group to explore potential longterm solutions, and agreed to a temporary staffing provision that expired on June 30, 2026. Prior to the expiration of that provision, the parties met and conferred in good faith in accordance with the MeyersMilias-Brown Act regarding proposed changes to the Hazardous Materials Response Team.
The proposed side letter updates the MOU's hazardous materials provisions to help the Department maintain adequate staffing for hazardous materials response above the first-responder level. It maintains 697
the Hazardous Materials Response Team "Company" at the designated Hazmat station and establishes a process for Hazmat Certified Qualified (HMCQ) members to support staffing needs, including assignment to the designated station when needed in accordance with Department procedures.
The side letter does not change the existing incentive pay for employees assigned to the Hazardous Materials Response Team. It establishes certification pay for HMCQ members in recognition of the additional training, qualifications, and assignment flexibility required. Effective July 1, 2026, HMCQ members will receive 1.5% certification pay, increasing to 2% on July 1, 2027, and 2.5% on July 1, 2028.
The side letter also addresses program participation and annual training requirements, provides Department support for approved Hazmat technician-specialist training, and establishes a process for requesting withdrawal from the program. These changes are intended to encourage employees to obtain and maintain Hazmat qualifications while providing the Department with greater flexibility to meet daily staffing and emergency response needs.
FISCAL AND ADMINISTRATIVE IMPACTS
Assuming maximum participation by HMCQ members, the maximum fiscal impact to the JPA is estimated at $144,376 in FY 2026-27, $196,690 in FY 2027-28, and $252,607 in FY 2028-29. The City's 50% share is estimated at $72,188 in FY 2026-27, $98,345 in FY 2027-28, and $126,304 in FY 2028-
29. The FY 2026-27 cost can be accommodated within the current budget, and the anticipated costs for subsequent years will be included in budgets for those fiscal years.
COMMUNITY PILLAR:
5. A City That Works
GOAL:
8. Attract, develop, engage, and retain a diverse and highly skilled workforce across the organization.
ATTACHMENTS
1. Resolution
2. Exhibit A - Side Letter Agreement.pdf
Prepared by: Kristen Hilton
Acting Administrative Services
Director
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Kristen Hilton
Acting Administrative Services Director
698
1 RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION APROVING A SIDE LETTER AGREEMENT BETWEEN
THE LIVERMORE-PLEASANTON FIRE DEPARTMENT JOINT POWERS
AUTHORITY AND THE INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS, LOCAL 1974 AMENDING SECTION 5 (SALARIES) AND SECTION 31 (HAZARDOUS MATERIAL RESPONSE TEAM) OF THE
MEMORANDUM OF UNDERSTANDING WITH A TERM ENDING JUNE 30, 2029
The Livermore-Pleasanton Fire Department Joint Powers Authority (JPA) and the International Association of Fire Fighters, Local 1974, AFL-CIO-CLC (IAFF Local 1974) are parties to a Memorandum of Understanding (MOU) commencing on July 1, 2025, and expiring on June 30, 2029.
During negotiations in 2025, the parties agreed to establish a joint working group to explore long-term solutions related to Hazardous Material Response Team staffing and adopted a temporary staffing provision that expired on June 30, 2026.
The parties have met and conferred in good faith regarding proposed changes to the MOU’s Hazardous Material Response Team provisions and mutually agreed to amend Section 5 (Salaries) and Section 31 (Hazardous Material Response Team) to address Hazardous Materials Response Team staffing and assignments, compensation, training requirements, and withdrawal from the program.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby approves the side letter to the Memorandum of Understanding between the Livermore-Pleasanton Fire Department Joint Powers Authority (JPA) and the International Association of Fire Fighters, Local 1974, AFL-CIO-CLC (IAFF Local 1974).
On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on September 14, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Kimberly Cilley
Olivia Nashed Kimberly Cilley
City Clerk City Attorney
Exhibit A – Side Letter Agreement
699
EXHIBIT A
700
EXHIBIT A
701
EXHIBIT A
702
EXHIBIT A
703
CITY COUNCIL STAFF REPORT ITEM NO. 6.25
DATE: September 14, 2026
TO: Honorable Mayor and City Council
FROM: Kristen Hilton, Acting Administrative Services Director SUBJECT: Resolution amending the City of Livermore Salary Plan as of October 2026 to reflect an MOU adjustment for the Association of Livermore Employees and update the Retired Annuitant Salary schedule effective October 5, 2026, in accordance with the California Code of Regulations, Title 2, Section 570.5.
RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution amending the City of Livermore Salary Plan as of October 2026 to reflect an MOU adjustment for the Association of Livermore Employees and update the Retired Annuitant Salary schedule effective October 5, 2026, in accordance with the California Code of Regulations, Title 2, Section 570.5.
SUMMARY
Staff recommend the following changes to the City of Livermore Salary Plan:
1. Incorporate wage related adjustments for the Association of Livermore Employees (ALE) effective October 5, 2026, as approved in the Memorandum of Understanding (MOU); and
2. Adjust the salary for the Retired Annuitant classifications to match those associated with the Association of Livermore Employees effective October 5, 2026; and
3. Add the following classification to the Retired Annuitant Salary Schedule effective September 14, 2026:
1. Retired Annuitant – Finance Manager (Class Code 8591) $85.48 - $106.85/hour
DISCUSSION
1. On October 13, 2025, the City Council adopted a successor MOU with the Association of Livermore Employees. The Memorandum of Understanding provides for a base salary increase of 4% effective May 4, 2026. In addition, during negotiations in 2021, flat-dollar increases were negotiated and added to base salaries in recognition of rising medical costs, which resulted in the differential between certain salary steps falling below the established 5%. In implementing the current negotiated 4% salary increase, minor adjustments were made to restore the 5% step differential, resulting in increases slightly greater than 4% for certain classifications and steps.
2. CalPERS requires retired annuitant salaries to fall within the range of active employees. Accordingly, 704
the salary ranges for the following Retired Annuitant classifications must be adjusted to align with the updated ALE salary increases:
1. Retired Annuitant – Associate Civil Engineer (Class Code 8510)
2. Retired Annuitant – Associate Planner (Class Code 8520)
3. Retired Annuitant – Senior Planner (Class Code 8525)
4. Retired Annuitant – Public Safety Dispatcher (Class Code 8535)
5. Retired Annuitant – Administrative Clerk I (Class Code 8560)
6. Retired Annuitant – Library Clerk (Class Code 8565)
7. Retired Annuitant – Senior Mechanic (Class Code 8570)
3. The inclusion of “Retired Annuitant” classifications in the salary plan is necessary to comply with Government Code sections 7522.56 and 21224, which authorizes CalPERS covered employers to hire retirees on a temporary basis. Compensation for retired annuitants must fall within established salary range for comparable duties performed by classifications listed on the employer’s publicly available pay schedule. As such, the following classification needs to be added to the Retired Annuitant Salary Schedule:
1. Retired Annuitant – Finance Manager (Class Code 8591) $85.48 - $106.85/hour
FISCAL AND ADMINISTRATIVE IMPACTS
The 4% base salary increase for the Association of Livermore Employees MOU adjustment was included in the FY 2025-26 and 2026-27 adopted budget. Retired Annuitants are not entitled to any City employment benefits or property rights associated with regular employment. The cost of hire is limited to salary only. Funding for retired annuitants will be provided through existing departmental budgets allocated for temporary employees.
COMMUNITY PILLAR
5: A City that Works
GOAL
8: Attract, develop, engage, and retain a diverse and highly skilled workforce across the organization.
ATTACHMENTS
1. Resolution
2. Exhibit A - Salary Plan Dated October 2026.pdf
Prepared by: Kristen Hilton
Acting Administrative Services
Director
705
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Kristen Hilton
Acting Administrative Services Director
706
1 RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION AMENDING THE CITY OF LIVERMORE SALARY
PLAN AS OF OCTOBER 2026, IN ACCORDANCE WITH CALIFORNIA
CODE OF REGULATIONS, TITLE 2, SECTION 570.5
The proposed City of Livermore Salary Plan, attached as Exhibit A, is intended to make the following changes:
Incorporate wage related adjustments for the Association of Livermore Employees (ALE) effective October 5, 2026, as approved in the Memorandum of Understanding (MOU);
Adjust the salary for the following Retired Annuitant classifications to match those associated with the Association of Livermore Employees effective October 5, 2026:
o Retired Annuitant – Associate Civil Engineer (Class Code 8510) o Retired Annuitant – Associate Planner (Class Code 8520) o Retired Annuitant – Senior Planner (Class Code 8525)
o Retired Annuitant – Public Safety Dispatcher (Class Code 8535) o Retired Annuitant – Administrative Clerk I (Class Code 8560) o Retired Annuitant – Library Clerk (Class Code 8565)
o Retired Annuitant – Senior Mechanic (Class Code 8570) Add the following classification to the Retired Annuitant Salary Schedule effective September 14, 2026:
o Retired Annuitant – Finance Manager (Class Code 8591) $85.48 – 106.85/hour
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore, that it hereby amends the Salary Plan attached as Exhibit A, in accordance with California Code of Regulations, Title 2, Section 570.5.
On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on September 14, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
707
2 RESOLUTION NO. ________
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Kimberly Cilley
Olivia Nashed Kimberly Cilley
City Clerk City Attorney
Exhibit A – Salary Plan dated October 2026
708
Salary
Plan
October 2026
EXHIBIT A
709
CLASS
CODE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
4001 ACCOUNT CLERK 76,013.82 79,814.51 83,805.24 87,995.50 92,395.28 6,334.49 6,651.21 6,983.77 7,332.96 7,699.61
1,461.80 1,534.89 1,611.64 1,692.22 1,776.83
36.5451 38.3724 40.2910 42.3055 44.4208
4000 ACCOUNT CLERK, JUNIOR 68,374.70 71,793.43 75,383.10 79,152.26 83,109.87 5,697.89 5,982.79 6,281.93 6,596.02 6,925.82
1,314.90 1,380.64 1,449.68 1,522.16 1,598.27
32.8725 34.5161 36.2419 38.0540 39.9567
4002 ACCOUNT CLERK, SENIOR 82,600.87 86,730.91 91,067.46 95,620.83 100,401.87 6,883.41 7,227.58 7,588.96 7,968.40 8,366.82
1,588.48 1,667.90 1,751.30 1,838.86 1,930.81
39.7120 41.6976 43.7824 45.9716 48.2701
4020 ACCOUNTANT, JUNIOR 99,967.17 104,965.53 110,213.81 115,724.50 121,510.73 8,330.60 8,747.13 9,184.48 9,643.71 10,125.89
1,922.45 2,018.57 2,119.50 2,225.47 2,336.74
48.0611 50.4642 52.9874 55.6368 58.4186
4010 ACCOUNTING TECHNICIAN 87,653.76 92,036.45 96,638.27 101,470.18 106,543.69 7,304.48 7,669.70 8,053.19 8,455.85 8,878.64
1,685.65 1,769.93 1,858.43 1,951.35 2,048.92
42.1412 44.2483 46.4607 48.7837 51.2229
4030 ADMINISTRATIVE 91,781.07 96,370.12 101,188.63 106,248.06 111,560.46 ASSISTANT 7,648.42 8,030.84 8,432.39 8,854.01 9,296.71
1,765.02 1,853.27 1,945.94 2,043.23 2,145.39
44.1255 46.3318 48.6484 51.0808 53.6348
4052 ADMINISTRATIVE CLERK I 68,993.08 72,442.73 76,064.87 79,868.11 83,861.52 5,749.42 6,036.89 6,338.74 6,655.68 6,988.46
1,326.79 1,393.13 1,462.79 1,535.93 1,612.72
33.1698 34.8282 36.5697 38.3981 40.3180
4051 ADMINISTRATIVE CLERK II 73,883.46 77,577.63 81,456.51 85,529.34 89,805.81 6,156.96 6,464.80 6,788.04 7,127.45 7,483.82
1,420.84 1,491.88 1,566.47 1,644.80 1,727.03
35.5209 37.2969 39.1618 41.1199 43.1759
4040 ADMINISTRATIVE 91,781.06 96,370.11 101,188.62 106,248.05 111,560.45 TECHNICIAN 7,648.42 8,030.84 8,432.39 8,854.00 9,296.70 1,765.02 1,853.27 1,945.94 2,043.23 2,145.39
44.1255 46.3318 48.6484 51.0808 53.6348
5000 AIRPORT SERVICE 80,600.48 84,630.50 88,862.02 93,305.12 97,970.38 ATTENDANT 6,716.71 7,052.54 7,405.17 7,775.43 8,164.20
1,550.01 1,627.51 1,708.89 1,794.33 1,884.05
38.7502 40.6877 42.7221 44.8582 47.1011
5001 AIRPORT SERVICE 86,434.26 90,755.97 95,293.77 100,058.46 105,061.38 ATTENDANT SENIOR 7,202.86 7,563.00 7,941.15 8,338.21 8,755.12 1,662.20 1,745.31 1,832.57 1,924.20 2,020.41
41.5549 43.6327 45.8143 48.1050 50.5103
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
CITY OF LIVERMORE
ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/05/2026
EXHIBIT A
710
CLASS
CODE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
CITY OF LIVERMORE
ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/05/2026
4060 ANIMAL CONTROL 91,066.71 95,620.05 100,401.05 105,421.10 110,692.16 OFFICER 7,588.89 7,968.34 8,366.75 8,785.09 9,224.35
1,751.28 1,838.85 1,930.79 2,027.33 2,128.70
43.7821 45.9712 48.2697 50.6832 53.2174
5010 ASSET MANAGEMENT 122,338.70 128,455.64 134,878.42 141,622.34 148,703.46 SPECIALIST 10,194.89 10,704.64 11,239.87 11,801.86 12,391.96 2,352.67 2,470.30 2,593.82 2,723.51 2,859.68
58.8167 61.7575 64.8454 68.0877 71.4921
4130 BUILDING INSPECTOR I 107,699.14 113,084.10 118,738.30 124,675.22 130,908.98 8,974.93 9,423.68 9,894.86 10,389.60 10,909.08
2,071.14 2,174.69 2,283.43 2,397.60 2,517.48
51.7784 54.3674 57.0857 59.9400 62.9370
4131 BUILDING INSPECTOR II 115,659.16 121,442.12 127,514.23 133,889.94 140,584.44 9,638.26 10,120.18 10,626.19 11,157.50 11,715.37
2,224.21 2,335.43 2,452.20 2,574.81 2,703.55
55.6054 58.3856 61.3049 64.3702 67.5887
4132 BUILDING INSPECTOR III 119,016.65 124,967.48 131,215.85 137,776.64 144,665.47 9,918.05 10,413.96 10,934.65 11,481.39 12,055.46
2,288.78 2,403.22 2,523.38 2,649.55 2,782.03
57.2195 60.0805 63.0845 66.2388 69.5507
4133 BUILDING INSPECTOR, 124,793.09 131,032.74 137,584.38 144,463.60 151,686.78 SENIOR 10,399.42 10,919.40 11,465.37 12,038.63 12,640.57 2,399.87 2,519.86 2,645.85 2,778.15 2,917.05
59.9967 62.9965 66.1463 69.4537 72.9263
4093 CIVIL ENGINEER, 129,297.11 135,761.97 142,550.07 149,677.57 157,161.45 ASSISTANT 10,774.76 11,313.50 11,879.17 12,473.13 13,096.79 2,486.48 2,610.81 2,741.35 2,878.41 3,022.34
62.1621 65.2702 68.5337 71.9604 75.5584
4100 CIVIL ENGINEER, 138,812.40 145,753.02 153,040.67 160,692.70 168,727.33 ASSOCIATE 11,567.70 12,146.09 12,753.39 13,391.06 14,060.61 2,669.47 2,802.94 2,943.09 3,090.24 3,244.76
66.7367 70.0736 73.5773 77.2561 81.1189
4091 CIVIL ENGINEER, JUNIOR 113,770.75 119,459.29 125,432.25 131,703.86 138,289.05 9,480.90 9,954.94 10,452.69 10,975.32 11,524.09
2,187.90 2,297.29 2,412.16 2,532.77 2,659.40
54.6975 57.4324 60.3040 63.3192 66.4851
4140 COMMUNITY 79,898.82 83,893.76 88,088.45 92,492.87 97,117.51 SERVICE SPECIALIST 6,658.24 6,991.15 7,340.70 7,707.74 8,093.13 1,536.52 1,613.34 1,694.01 1,778.71 1,867.64
38.4129 40.3335 42.3502 44.4677 46.6911
4141 COMMUNITY 83,857.62 88,050.50 92,453.02 97,075.67 101,929.45 SERVICE SPECIALIST II 6,988.14 7,337.54 7,704.42 8,089.64 8,494.12 1,612.65 1,693.28 1,777.94 1,866.84 1,960.18
40.3162 42.3320 44.4486 46.6710 49.0045
EXHIBIT A
711
CLASS
CODE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
CITY OF LIVERMORE
ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/05/2026
4150 CRIME & INTELLIGENCE 111,357.56 116,925.44 122,771.71 128,910.30 135,355.82 ANALYST 9,279.80 9,743.79 10,230.98 10,742.53 11,279.65 2,141.49 2,248.57 2,360.99 2,479.04 2,603.00
53.5373 56.2142 59.0249 61.9761 65.0749
4152 CRIME & INTELLIGENCE 130,600.40 137,130.42 143,986.94 151,186.29 158,745.60 ANALYST, SUPERVISING 10,883.37 11,427.54 11,998.91 12,598.86 13,228.80 2,511.55 2,637.12 2,768.98 2,907.43 3,052.80
62.7887 65.9281 69.2245 72.6857 76.3200
4160 CRIME PREVENTION 86,807.96 91,148.36 95,705.78 100,491.07 105,515.62 SPECIALIST 7,234.00 7,595.70 7,975.48 8,374.26 8,792.97 1,669.38 1,752.85 1,840.50 1,932.52 2,029.15
41.7346 43.8213 46.0124 48.3130 50.7287
4170 CRISIS INTERVENTION 110,910.32 116,455.84 122,278.63 128,392.56 134,812.19 SPECIALIST 9,242.53 9,704.65 10,189.89 10,699.38 11,234.35 2,132.89 2,239.54 2,351.51 2,469.09 2,592.54
53.3223 55.9884 58.7878 61.7272 64.8136
4050 DIVISION CLERK 77,802.25 81,692.36 85,776.98 90,065.83 94,569.12 6,483.52 6,807.70 7,148.08 7,505.49 7,880.76
1,496.20 1,571.01 1,649.56 1,732.04 1,818.64
37.4049 39.2752 41.2389 43.3009 45.4659
4180 ECONOMIC DEVELOPMENT 99,992.05 104,991.65 110,241.23 115,753.29 121,540.95 SPECIALIST 8,332.67 8,749.30 9,186.77 9,646.11 10,128.41 1,922.92 2,019.07 2,120.02 2,226.02 2,337.33
48.0731 50.4768 53.0006 55.6506 58.4332
5090 ELECTRICIAN 112,758.99 118,396.94 124,316.79 130,532.63 137,059.26 9,396.58 9,866.41 10,359.73 10,877.72 11,421.61
2,168.44 2,276.86 2,390.71 2,510.24 2,635.76
54.2111 56.9216 59.7677 62.7561 65.8939
4092 ENGINEER, ASSISTANT 123,140.10 129,297.11 135,761.97 142,550.07 149,677.57 10,261.68 10,774.76 11,313.50 11,879.17 12,473.13
2,368.08 2,486.48 2,610.81 2,741.35 2,878.41
59.2020 62.1621 65.2702 68.5337 71.9604
4090 ENGINEER, JUNIOR 108,353.10 113,770.75 119,459.29 125,432.25 131,703.86 9,029.43 9,480.90 9,954.94 10,452.69 10,975.32
2,083.71 2,187.90 2,297.29 2,412.16 2,532.77
52.0928 54.6975 57.4324 60.3040 63.3192
4080 ENGINEERING SPECIALIST 122,338.69 128,455.62 134,878.40 141,622.32 148,703.44 10,194.89 10,704.64 11,239.87 11,801.86 12,391.95
2,352.67 2,470.30 2,593.82 2,723.51 2,859.68
58.8167 61.7575 64.8454 68.0877 71.4920
4070 ENGINEERING 105,392.61 110,487.86 115,837.88 122,005.10 128,105.36 TECHNICIAN, ASSIST 8,782.72 9,207.32 9,653.16 10,167.09 10,675.45 2,026.78 2,124.77 2,227.65 2,346.25 2,463.56
50.6695 53.1192 55.6913 58.6563 61.5891
EXHIBIT A
712
CLASS
CODE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
CITY OF LIVERMORE
ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/05/2026
4071 ENGINEERING 112,929.03 118,575.48 124,504.25 130,729.46 137,265.93 TECHNICIAN, ASSOC 9,410.75 9,881.29 10,375.35 10,894.12 11,438.83 2,171.71 2,280.30 2,394.31 2,514.03 2,639.73
54.2928 57.0074 59.8578 62.8507 65.9932
4072 ENGINEERING 117,269.50 123,132.97 129,289.62 135,754.10 142,541.81 TECHNICIAN, SENIOR 9,772.46 10,261.08 10,774.14 11,312.84 11,878.48 2,255.18 2,367.94 2,486.34 2,610.66 2,741.19
56.3796 59.1985 62.1585 65.2664 68.5297
5030 FACILITIES MAINTENANCE 69,433.75 72,905.44 76,550.71 80,378.25 84,397.16 TRAINEE 5,786.15 6,075.45 6,379.23 6,698.19 7,033.10
1,335.26 1,402.03 1,472.13 1,545.74 1,623.02
33.3816 35.0507 36.8032 38.6434 40.5756
5031 FACILITIES MAINTENANCE 77,679.44 81,563.41 85,641.58 89,923.66 94,419.84 WORKER I 6,473.29 6,796.95 7,136.80 7,493.64 7,868.32
1,493.84 1,568.53 1,646.95 1,729.30 1,815.77
37.3459 39.2132 41.1738 43.2325 45.3942
5032 FACILITIES MAINTENANCE 83,257.88 87,420.77 91,791.81 96,381.40 101,200.47 WORKER II 6,938.16 7,285.06 7,649.32 8,031.78 8,433.37
1,601.11 1,681.17 1,765.23 1,853.49 1,946.16
40.0278 42.0292 44.1307 46.3372 48.6541
5033 FACILITIES MAINTENANCE 87,375.61 91,744.39 96,331.61 101,148.19 106,205.60 WORKER, SENIOR 7,281.30 7,645.37 8,027.63 8,429.02 8,850.47 1,680.30 1,764.32 1,852.53 1,945.16 2,042.42
42.0075 44.1079 46.3133 48.6289 51.0604
5034 FACILITIES MAINTENANCE 98,251.74 103,164.33 108,322.55 113,738.68 119,425.61 WORKER, SUPERVISING 8,187.65 8,597.03 9,026.88 9,478.22 9,952.13 1,889.46 1,983.93 2,083.13 2,187.28 2,296.65
47.2364 49.5982 52.0782 54.6821 57.4162
4190 FAMILY THERAPIST 106,019.92 111,320.92 116,886.97 122,731.32 128,867.89 8,834.99 9,276.74 9,740.58 10,227.61 10,738.99
2,038.84 2,140.79 2,247.83 2,360.22 2,478.23
50.9711 53.5197 56.1957 59.0054 61.9557
5040 FLEET SERVICES WORKER 68,624.02 72,055.22 75,657.98 79,440.88 83,412.92 5,718.67 6,004.60 6,304.83 6,620.07 6,951.08
1,319.69 1,385.68 1,454.96 1,527.71 1,604.09
32.9923 34.6419 36.3740 38.1927 40.1024
4200 GIS SPECIALIST 122,338.69 128,455.62 134,878.40 141,622.32 148,703.44 10,194.89 10,704.64 11,239.87 11,801.86 12,391.95
2,352.67 2,470.30 2,593.82 2,723.51 2,859.68
58.8167 61.7575 64.8454 68.0877 71.4920
5050 GROUNDSKEEPER 68,623.97 72,055.17 75,657.93 79,440.83 83,412.87 TRAINEE 5,718.66 6,004.60 6,304.83 6,620.07 6,951.07
1,319.69 1,385.68 1,454.96 1,527.71 1,604.09
32.9923 34.6419 36.3740 38.1927 40.1023
EXHIBIT A
713
CLASS
CODE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
CITY OF LIVERMORE
ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/05/2026
5051 GROUNDSKEEPER I 76,700.06 80,535.06 84,561.81 88,789.90 93,229.40 6,391.67 6,711.26 7,046.82 7,399.16 7,769.12
1,475.00 1,548.75 1,626.19 1,707.50 1,792.87
36.8750 38.7188 40.6547 42.6875 44.8218
5052 GROUNDSKEEPER II 82,163.72 86,271.91 90,585.51 95,114.79 99,870.53 6,846.98 7,189.33 7,548.79 7,926.23 8,322.54
1,580.07 1,659.08 1,742.03 1,829.13 1,920.59
39.5018 41.4769 43.5507 45.7283 48.0147
5053 GROUNDSKEEPER III 86,196.78 90,506.62 95,031.95 99,783.55 104,772.73 7,183.07 7,542.22 7,919.33 8,315.30 8,731.06
1,657.63 1,740.51 1,827.54 1,918.91 2,014.86
41.4408 43.5128 45.6884 47.9729 50.3715
5055 GROUNDSKEEPER, 96,849.23 101,691.69 106,776.27 112,115.08 117,720.83 SUPERVISING 8,070.77 8,474.31 8,898.02 9,342.92 9,810.07 1,862.49 1,955.61 2,053.39 2,156.06 2,263.86
46.5621 48.8902 51.3348 53.9015 56.5966
4210 INFORMATION 95,751.92 100,539.52 105,566.50 110,844.83 116,387.07 TECHNOLOGY TECHNICIAN 7,979.33 8,378.29 8,797.21 9,237.07 9,698.92 1,841.38 1,933.45 2,030.13 2,131.63 2,238.21
46.0346 48.3363 50.7531 53.2908 55.9553
4211 INFORMATION TECHNOLOGY 105,327.13 110,593.49 116,123.16 121,929.32 128,025.79 TECHNICIAN, SENIOR 8,777.26 9,216.12 9,676.93 10,160.78 10,668.82 2,025.52 2,126.80 2,233.14 2,344.79 2,462.03
50.6380 53.1700 55.8284 58.6199 61.5509
5054 LANDSCAPE MAINTENANCE 92,085.70 96,689.98 101,524.48 106,600.70 111,930.74 SPECIALIST 7,673.81 8,057.50 8,460.37 8,883.39 9,327.56 1,770.88 1,859.42 1,952.39 2,050.01 2,152.51
44.2720 46.4856 48.8099 51.2503 53.8129
4230 LIBRARIAN I 83,063.68 87,216.86 91,577.70 96,156.58 100,964.41 6,921.97 7,268.07 7,631.48 8,013.05 8,413.70
1,597.38 1,677.25 1,761.11 1,849.17 1,941.62
39.9345 41.9312 44.0277 46.2291 48.5406
4231 LIBRARIAN II 91,957.01 96,554.86 101,382.60 106,451.73 111,774.32 7,663.08 8,046.24 8,448.55 8,870.98 9,314.53
1,768.40 1,856.82 1,949.67 2,047.15 2,149.51
44.2101 46.4206 48.7416 51.1787 53.7377
4221 LIBRARY ASSISTANT I* 78,272.75 82,186.39 86,295.71 90,610.50 95,141.03 6,522.73 6,848.87 7,191.31 7,550.88 7,928.42
1,505.25 1,580.51 1,659.53 1,742.51 1,829.64
37.6311 39.5127 41.4883 43.5627 45.7409
4223 LIBRARY ASSISTANT II** 81,537.18 85,614.04 89,894.74 94,389.47 99,108.94 6,794.77 7,134.50 7,491.23 7,865.79 8,259.08
1,568.02 1,646.42 1,728.75 1,815.18 1,905.94
39.2006 41.1606 43.2186 45.3796 47.6485
EXHIBIT A
714
CLASS
CODE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
CITY OF LIVERMORE
ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/05/2026
4222 LIBRARY ASSISTANT, 87,653.76 92,036.45 96,638.27 101,470.18 106,543.69 SUPERVISING 7,304.48 7,669.70 8,053.19 8,455.85 8,878.64 1,685.65 1,769.93 1,858.43 1,951.35 2,048.92
42.1412 44.2483 46.4607 48.7837 51.2229
4220 LIBRARY CLERK 68,993.08 72,442.73 76,064.87 79,868.11 83,861.52 5,749.42 6,036.89 6,338.74 6,655.68 6,988.46
1,326.79 1,393.13 1,462.79 1,535.93 1,612.72
33.16975 34.82824 36.56965 38.39813 40.31804
5060 MAINTENANCE 68,623.97 72,055.17 75,657.93 79,440.83 83,412.87 TRAINEE 5,718.66 6,004.60 6,304.83 6,620.07 6,951.07
1,319.69 1,385.68 1,454.96 1,527.71 1,604.09
32.99229 34.64191 36.37400 38.19271 40.10234
5061 MAINTENANCE 76,700.06 80,535.06 84,561.81 88,789.90 93,229.40 WORKER I 6,391.67 6,711.26 7,046.82 7,399.16 7,769.12
1,475.00 1,548.75 1,626.19 1,707.50 1,792.87
36.87503 38.71878 40.65472 42.68745 44.82183
5062 MAINTENANCE 82,163.72 86,271.91 90,585.51 95,114.79 99,870.53 WORKER II 6,846.98 7,189.33 7,548.79 7,926.23 8,322.54
1,580.07 1,659.08 1,742.03 1,829.13 1,920.59
39.50179 41.47688 43.55073 45.72826 48.01468
5063 MAINTENANCE 86,196.78 90,506.62 95,031.95 99,783.55 104,772.73 WORKER III 7,183.07 7,542.22 7,919.33 8,315.30 8,731.06 1,657.63 1,740.51 1,827.54 1,918.91 2,014.86
41.44076 43.51280 45.68844 47.97286 50.37150
5070 MECHANIC 99,067.59 104,020.97 109,222.02 114,683.12 120,417.28 8,255.63 8,668.41 9,101.84 9,556.93 10,034.77
1,905.15 2,000.40 2,100.42 2,205.44 2,315.72
47.62865 50.01008 52.51059 55.13612 57.89292
5071 MECHANIC SENIOR 107,528.92 112,905.37 118,550.64 124,478.17 130,702.08 8,960.74 9,408.78 9,879.22 10,373.18 10,891.84
2,067.86 2,171.26 2,279.82 2,393.81 2,513.50
51.69660 54.28143 56.99550 59.84527 62.83754
4240 NEIGHBORHOOD 112,929.02 118,575.47 124,504.24 130,729.46 137,265.93 PRESERVATION OFFICER 9,410.75 9,881.29 10,375.35 10,894.12 11,438.83 2,171.71 2,280.30 2,394.31 2,514.03 2,639.73
54.29280 57.00744 59.85781 62.85070 65.99324
5020 PARTS AND INVENTORY 80,219.42 84,230.39 88,441.91 92,864.01 97,507.21 CONTROL WORKER 6,684.95 7,019.20 7,370.16 7,738.67 8,125.60 1,542.68 1,619.82 1,700.81 1,785.85 1,875.14
38.56703 40.49538 42.52015 44.64616 46.87847
4250 PERMIT TECHNICIAN 81,947.52 86,044.90 90,347.14 94,864.50 99,607.72 6,828.96 7,170.41 7,528.93 7,905.38 8,300.64
1,575.91 1,654.71 1,737.45 1,824.32 1,915.53
39.39785 41.36774 43.43613 45.60793 47.88833
EXHIBIT A
715
CLASS
CODE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
CITY OF LIVERMORE
ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/05/2026
4251 PERMIT TECHNICIAN II 87,480.74 91,854.78 96,447.52 101,269.90 106,333.40 7,290.06 7,654.57 8,037.29 8,439.16 8,861.12
1,682.32 1,766.44 1,854.76 1,947.50 2,044.87
42.05805 44.16095 46.36900 48.68745 51.12183
4260 PLAN CHECK ENGINEER 138,696.69 145,631.52 152,913.10 160,558.76 168,586.70 11,558.06 12,135.96 12,742.76 13,379.90 14,048.89
2,667.24 2,800.61 2,940.64 3,087.67 3,242.05
66.68110 70.01515 73.51591 77.19171 81.05130
4120 PLANNER, ASSISTANT 112,590.44 118,219.96 124,130.96 130,337.51 136,854.39 9,382.54 9,851.66 10,344.25 10,861.46 11,404.53
2,165.20 2,273.46 2,387.13 2,506.49 2,631.82
54.13002 56.83652 59.67835 62.66226 65.79538
4121 PLANNER, ASSOCIATE 129,787.84 136,277.23 143,091.09 150,245.64 157,757.92 10,815.65 11,356.44 11,924.26 12,520.47 13,146.49
2,495.92 2,620.72 2,751.75 2,889.34 3,033.81
62.39800 65.51790 68.79379 72.23348 75.84515
4122 PLANNER, SENIOR 136,102.87 142,908.01 150,053.41 157,556.08 165,433.88 11,341.91 11,909.00 12,504.45 13,129.67 13,786.16
2,617.36 2,748.23 2,885.64 3,029.92 3,181.42
65.43407 68.70577 72.14106 75.74812 79.53552
4270 POLICE CLERK 75,732.88 79,519.52 83,495.50 87,670.28 92,053.79 6,311.07 6,626.63 6,957.96 7,305.86 7,671.15
1,456.40 1,529.22 1,605.68 1,685.97 1,770.27
36.41004 38.23054 40.14207 42.14917 44.25663
4271 POLICE CLERK, SENIOR 79,345.23 83,312.49 87,478.11 91,852.02 96,444.62 6,612.10 6,942.71 7,289.84 7,654.34 8,037.05
1,525.87 1,602.16 1,682.27 1,766.39 1,854.70
38.14675 40.05408 42.05678 44.15963 46.36761
4272 POLICE CLERK, SUPERVISING 93,518.14 98,194.05 103,103.75 108,258.94 113,671.89 7,793.18 8,182.84 8,591.98 9,021.58 9,472.66
1,798.43 1,888.35 1,982.76 2,081.90 2,186.00
44.96064 47.20868 49.56911 52.04757 54.64995
4280 POLICE IDENTIFICATION 95,266.30 100,029.62 105,031.10 110,282.66 115,796.79 TECHNICIAN 7,938.86 8,335.80 8,752.59 9,190.22 9,649.73 1,832.04 1,923.65 2,019.83 2,120.82 2,226.86
45.80111 48.09116 50.49572 53.02051 55.67153
4290 PROPERTY AND EVIDENCE 80,517.10 84,542.96 88,770.11 93,208.62 97,869.05 SPECIALIST 6,709.76 7,045.25 7,397.51 7,767.39 8,155.75 1,548.41 1,625.83 1,707.12 1,792.47 1,882.10
38.71014 40.64565 42.67794 44.81184 47.05243
4291 PROPERTY AND EVIDENCE 90,895.90 95,440.70 100,212.73 105,223.37 110,484.54 SPECIALIST, SUPERVISING 7,574.66 7,953.39 8,351.06 8,768.61 9,207.05 1,748.00 1,835.40 1,927.17 2,023.53 2,124.70
43.69995 45.88495 48.17920 50.58816 53.11757
EXHIBIT A
716
CLASS
CODE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
CITY OF LIVERMORE
ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/05/2026
4300 PUBLIC SAFETY DISPATCHER 100,471.18 105,494.74 110,769.48 116,307.95 122,123.35 8,372.60 8,791.23 9,230.79 9,692.33 10,176.95
1,932.14 2,028.75 2,130.18 2,236.69 2,348.53
48.30345 50.71863 53.25456 55.91728 58.71315
4301 PUBLIC SAFETY 105,339.55 110,606.53 116,136.85 121,943.70 128,040.88 DISPATCHER, SENIOR 8,778.30 9,217.21 9,678.07 10,161.97 10,670.07 2,025.76 2,127.05 2,233.40 2,345.07 2,462.32
50.64401 53.17621 55.83503 58.62678 61.55812
4302 PUBLIC SAFETY 115,883.67 121,677.86 127,761.75 134,149.84 140,857.33 DISPATCHER, SUPERVISING 9,656.97 10,139.82 10,646.81 11,179.15 11,738.11 2,228.53 2,339.96 2,456.96 2,579.80 2,708.79
55.71330 58.49897 61.42392 64.49511 67.71987
4310 PURCHASING SPECIALIST, 98,162.77 103,070.91 108,224.45 113,635.68 119,317.46 SUPERVISING 8,180.23 8,589.24 9,018.70 9,469.64 9,943.12 1,887.75 1,982.13 2,081.24 2,185.30 2,294.57
47.19364 49.55332 52.03099 54.63254 57.36416
4320 RECYCLING SPECIALIST 100,610.33 105,640.84 110,922.88 116,469.03 122,292.48 8,384.19 8,803.40 9,243.57 9,705.75 10,191.04
1,934.81 2,031.55 2,133.13 2,239.79 2,351.78
48.37035 50.78887 53.32831 55.99473 58.79446
5081 TRAFFIC SIGNAL 87,105.75 91,461.04 96,034.09 100,835.79 105,877.58 TECHNICIAN TRAINEE 7,258.81 7,621.75 8,002.84 8,402.98 8,823.13 1,675.11 1,758.87 1,846.81 1,939.15 2,036.11
41.87776 43.97165 46.17024 48.47875 50.90268
5080 TRAFFIC SIGNAL 92,991.10 97,640.65 102,522.68 107,648.81 113,031.25 TECHNICIAN 7,749.26 8,136.72 8,543.56 8,970.73 9,419.27 1,788.29 1,877.70 1,971.59 2,070.17 2,173.68
44.70726 46.94262 49.28975 51.75424 54.34195
5082 TRAFFIC SIGNAL 101,619.85 106,700.84 112,035.88 117,637.67 123,519.55 TECHNICIAN, SENIOR 8,468.32 8,891.74 9,336.32 9,803.14 10,293.30 1,954.23 2,051.94 2,154.54 2,262.26 2,375.38
48.85570 51.29848 53.86340 56.55657 59.38440
4110 TRANSPORTATION 138,812.40 145,753.02 153,040.67 160,692.70 168,727.33 ENGINEER, ASSOCIATE 11,567.70 12,146.09 12,753.39 13,391.06 14,060.61 2,669.47 2,802.94 2,943.09 3,090.24 3,244.76
66.73673 70.07357 73.57725 77.25611 81.11891
5150 WASTEWATER COLLECTIONS 69,251.66 72,714.24 76,349.95 80,167.45 84,175.82 SYSTEMS TRAINEE 5,770.97 6,059.52 6,362.50 6,680.62 7,014.65 1,331.76 1,398.35 1,468.27 1,541.68 1,618.77
33.29407 34.95877 36.70671 38.54204 40.46914
5151 WASTEWATER COLLECTIONS 79,639.40 83,621.37 87,802.44 92,192.56 96,802.19 SYSTEMS WORKER I 6,636.62 6,968.45 7,316.87 7,682.71 8,066.85 1,531.53 1,608.10 1,688.51 1,772.93 1,861.58
38.28817 40.20258 42.21271 44.32335 46.53951
EXHIBIT A
717
CLASS
CODE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
CITY OF LIVERMORE
ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/05/2026
5152 WASTEWATER COLLECTIONS 87,603.35 91,983.52 96,582.70 101,411.83 106,482.42 SYSTEMS WORKER II 7,300.28 7,665.29 8,048.56 8,450.99 8,873.54 1,684.68 1,768.91 1,857.36 1,950.23 2,047.74
42.11700 44.22285 46.43399 48.75569 51.19347
5153 WASTEWATER COLLECTIONS 96,363.69 101,181.87 106,240.96 111,553.01 117,130.66 SYSTEMS WORKER III 8,030.31 8,431.82 8,853.41 9,296.08 9,760.89 1,853.15 1,945.81 2,043.10 2,145.25 2,252.51
46.32870 48.64513 51.07738 53.63125 56.31282
5160 WATER DISTRIBUTION 74,742.14 78,479.25 82,403.21 86,523.37 90,849.54 OPERATOR TRAINEE 6,228.51 6,539.94 6,866.93 7,210.28 7,570.80 1,437.35 1,509.22 1,584.68 1,663.91 1,747.11
35.93372 37.73041 39.61693 41.59777 43.67766
5161 WATER DISTRIBUTION 83,643.71 87,825.90 92,217.20 96,828.06 101,669.46 OPERATOR I 6,970.31 7,318.83 7,684.77 8,069.01 8,472.46 1,608.53 1,688.96 1,773.41 1,862.08 1,955.18
40.21332 42.22399 44.33519 46.55195 48.87955
5162 WATER DISTRIBUTION 95,746.98 100,534.33 105,561.05 110,839.10 116,381.06 OPERATOR II 7,978.92 8,377.86 8,796.75 9,236.59 9,698.42 1,841.29 1,933.35 2,030.02 2,131.52 2,238.10
46.03220 48.33381 50.75050 53.28803 55.95243
5163 WATER DISTRIBUTION 103,170.30 108,328.81 113,745.25 119,432.51 125,404.14 OPERATOR III 8,597.53 9,027.40 9,478.77 9,952.71 10,450.35 1,984.04 2,083.25 2,187.41 2,296.78 2,411.62
49.60111 52.08116 54.68522 57.41948 60.29045
5164 WATER DISTRIBUTION 108,328.12 113,744.53 119,431.76 125,403.35 131,673.52 SENIOR OPERATOR 9,027.34 9,478.71 9,952.65 10,450.28 10,972.79 2,083.23 2,187.39 2,296.76 2,411.60 2,532.18
52.08083 54.68487 57.41912 60.29007 63.30458
5165 WATER DISTRIBUTION 118,703.68 124,638.86 130,870.80 137,414.34 144,285.06 SUPERVISING OPERATOR 9,891.97 10,386.57 10,905.90 11,451.20 12,023.76 2,282.76 2,396.90 2,516.75 2,642.58 2,774.71
57.06908 59.92253 62.91865 66.06459 69.36782
5170 WATER RESOURCES 108,911.71 114,357.30 120,075.16 126,078.92 132,382.87 COORDINATOR 9,075.98 9,529.78 10,006.26 10,506.58 11,031.91 2,094.46 2,199.18 2,309.14 2,424.59 2,545.82
52.36140 54.97947 57.72844 60.61487 63.64561
5171 WATER RESOURCES 118,283.70 124,197.88 130,407.77 136,928.16 143,774.57 COORDINATOR - ELECTRICAL & 9,856.98 10,349.82 10,867.31 11,410.68 11,981.21 INSTRUMENTATION 2,274.69 2,388.42 2,507.84 2,633.23 2,764.90
56.86716 59.71052 62.69604 65.83085 69.12239
5172 WATER RESOURCES 120,065.51 126,068.79 132,372.23 138,990.84 145,940.38 COORDINATOR - 10,005.46 10,505.73 11,031.02 11,582.57 12,161.70 SOURCE CONTROL 2,308.95 2,424.40 2,545.62 2,672.90 2,806.55
57.72380 60.61000 63.64050 66.82252 70.16364
EXHIBIT A
718
CLASS
CODE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
CITY OF LIVERMORE
ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/05/2026
5173 WATER RESOURCES 117,097.86 122,952.75 129,100.39 135,555.41 142,333.18 COORDINATOR - 9,758.16 10,246.06 10,758.37 11,296.28 11,861.10 MAINTENANCE 2,251.88 2,364.48 2,482.70 2,606.83 2,737.18
56.29705 59.11190 62.06750 65.17087 68.42941
5100 WR INSTRUMENT 107,643.54 113,025.72 118,677.01 124,610.86 130,841.40 CONTROL TECHNICIAN 8,970.30 9,418.81 9,889.75 10,384.24 10,903.45 2,070.07 2,173.57 2,282.25 2,396.36 2,516.18
51.75170 54.33929 57.05625 59.90907 62.90452
5110 WR LABORATORY 100,674.95 105,708.70 110,994.14 116,543.85 122,371.04 TECHNICIAN 8,389.58 8,809.06 9,249.51 9,711.99 10,197.59 1,936.06 2,032.86 2,134.50 2,241.23 2,353.29
48.40142 50.82149 53.36257 56.03070 58.83223
5120 WR MECHANIC I 98,949.43 103,896.90 109,091.75 114,546.34 120,273.66 8,245.79 8,658.08 9,090.98 9,545.53 10,022.81
1,902.87 1,998.02 2,097.92 2,202.81 2,312.96
47.57184 49.95043 52.44796 55.07036 57.82388
5121 WR MECHANIC II 111,521.77 117,097.86 122,952.75 129,100.39 135,555.41 9,293.48 9,758.16 10,246.06 10,758.37 11,296.28
2,144.65 2,251.88 2,364.48 2,482.70 2,606.83
53.61624 56.29705 59.11190 62.06750 65.17087
5131 WR OPERATOR - GRADE I 108,508.19 113,933.60 119,630.28 125,611.79 131,892.38 9,042.35 9,494.47 9,969.19 10,467.65 10,991.03
2,086.70 2,191.03 2,300.58 2,415.61 2,536.39
52.16740 54.77577 57.51456 60.39028 63.40980
5132 WR OPERATOR - GRADE II 113,933.60 119,630.28 125,611.79 131,892.38 138,487.00 9,494.47 9,969.19 10,467.65 10,991.03 11,540.58
2,191.03 2,300.58 2,415.61 2,536.39 2,663.21
54.77577 57.51456 60.39028 63.40980 66.58029
5133 WR OPERATOR - GRADE III 123,048.29 129,200.70 135,660.73 142,443.77 149,565.96 10,254.02 10,766.73 11,305.06 11,870.31 12,463.83
2,366.31 2,484.63 2,608.86 2,739.30 2,876.27
59.15783 62.11572 65.22150 68.48258 71.90671
5130 WR OPERATOR - TRAINEE 94,354.95 99,072.70 104,026.33 109,227.65 114,689.03 7,862.91 8,256.06 8,668.86 9,102.30 9,557.42
1,814.52 1,905.24 2,000.51 2,100.53 2,205.56
45.36296 47.63111 50.01266 52.51329 55.13896
5134 WR SENIOR OPERATOR 129,200.69 135,660.72 142,443.76 149,565.95 157,044.25 10,766.72 11,305.06 11,870.31 12,463.83 13,087.02
2,484.63 2,608.86 2,739.30 2,876.27 3,020.08
62.11572 65.22150 68.48258 71.90671 75.50204
5141 WR SOURCE CONTROL 114,348.10 120,065.51 126,068.79 132,372.23 138,990.84 INSPECTOR 9,529.01 10,005.46 10,505.73 11,031.02 11,582.57 2,199.00 2,308.95 2,424.40 2,545.62 2,672.90
54.97505 57.72380 60.61000 63.64050 66.82252
EXHIBIT A
719
CLASS
CODE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
CITY OF LIVERMORE
ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/05/2026
5140 WR SOURCE CONTROL 96,777.29 101,616.15 106,696.96 112,031.81 117,633.40 TECHNICIAN 8,064.77 8,468.01 8,891.41 9,335.98 9,802.78 1,861.10 1,954.16 2,051.86 2,154.46 2,262.18
46.52754 48.85392 51.29662 53.86145 56.55452
5135 WR SUPERVISING 143,230.79 150,392.33 157,911.95 165,807.55 174,097.93 OPERATOR 11,935.90 12,532.69 13,159.33 13,817.30 14,508.16 2,754.44 2,892.16 3,036.77 3,188.61 3,348.04
68.86096 72.30400 75.91921 79.71517 83.70093
4330 YOUTH SERVICES CASE 96,304.63 101,119.86 106,175.85 111,484.64 117,058.87 COORDINATOR 8,025.39 8,426.66 8,847.99 9,290.39 9,754.91 1,852.01 1,944.61 2,041.84 2,143.94 2,251.13
46.30030 48.61532 51.04608 53.59838 56.27830
*Retitled
**New Position Added effective 6/8/2026
EXHIBIT A
720
CLASS SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
CODE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
3110 POLICE OFFICER 133,239.37 139,901.34 146,896.41 154,241.23 161,953.29 11,103.28 11,658.45 12,241.37 12,853.44 13,496.11
2562.30 2690.41 2824.93 2966.18 3114.49
64.05739 67.26026 70.62327 74.15444 77.86216
3100 POLICE SERGEANT 165,790.66 174,080.19 182,784.20 191,923.41 201,519.58 13,815.89 14,506.68 15,232.02 15,993.62 16,793.30
3188.28 3347.70 3515.08 3690.83 3875.38
79.70705 83.69240 87.87702 92.27087 96.88441
3120 POLICE TRAINEE 46.66835 - - - -
(Non-Sworn)
CITY OF LIVERMORE
POLICE OFFICERS ASSOCIATION
EFFECTIVE 05/04/2026
2. LPOA May 4, 2026
3/18/2026 Page 1 of 1
EXHIBIT A
721
Class
Code Classification Monthly Salary Range
$15,927.14 - $19,908.93
2030 Assistant Community Development Director
2045 Assistant Public Works Director
2060 City Engineer
$14,816.26 - $18,520.33
2025 Assistant City Engineer
2050 Building Official
2090 Finance Manager
2125 Maintenance and Golf Operations Manager
2145 Planning Manager
2220 Water Resources Division Manager
$14,198.91 - $17,748.64
2005 Airport Manager
2095 Housing & Human Services Manager
2115 Information Technology Manager
$13,938.29 - $17,422.86
2200 Senior Transportation Engineer
$13,374.89 - $16,718.61
2140 Permit Center Manager
$13,348.00 - $16,685.00
2190 Senior Civil Engineer
$13,188.56 - $16,485.70
2040 Assistant Library Director
2070 IT Operations Manager
2165 Police Support Services Manager
2170 Principal Planner
$12,804.43 - $16,005.54
2055 City Clerk
2100 Housing Programs Manager
2105 Human Services Programs Manager
2225 Water Resources Operations Manager
2231 Water Resources Technical Programs Manager P.E.
2240 Youth and Family Services Manager - Clinical
$12,541.78 - $15,677.23
2085 Economic Development Manager
$12,089.18 - $15,111.47
2035 Assistant Finance Manager
2120 Inspection & Neighborhood Preservation Manager
2230 Water Resources Technical Programs Manager
CITY OF LIVERMORE
MANAGEMENT SALARY SCHEDULE
$8,734 - $19,908/month
Effective July 13, 2026
EXHIBIT A
722
Class
Code Classification Monthly Salary Range
CITY OF LIVERMORE
MANAGEMENT SALARY SCHEDULE
$8,734 - $19,908/month
Effective July 13, 2026
$11,836.63 - $14,795.79
2215 Water Distribution Operations Manager
$11,491.86 - $14,364.83
2000 Accounting Supervisor
2110 Information Technology Coordinator
2195 Management Analyst, Senior
2150 Police Business Services Manager
2175 Public Works Manager
2210 Network Engineer
$11,369.89 - $14,212.36
2065 Construction Inspection Manager
$11,317.99 - $14,147.49
2155 Police Facility & Equipment Manager
$11,062.84 - $13,828.55
2006 Assistant Airport Manager
2180 Public Works Supervisor
$10,740.62 - $13,425.78
2020 Assistant City Clerk
2135 Management Analyst II
2160 Police Media & Community Relations Analyst
2500 Public Works Environmental Health and
Occupational Safety Programs Manager**
$9,521.21 - $11,901.51
2205 Library Services Manager*
$8,734.62 - $10,918.28
2080 Deputy City Clerk
2130 Management Analyst I
*Retitled
**New Position Added effective 6/8/2026
EXHIBIT A
723
CITY OF LIVERMORE
POLICE MANAGEMENT SALARY SCHEDULE
Class
Code Classification Salary Range
3000 Police Captain $21,290.41 - $26,613.02
3010 Police Lieutenant $17,167.67 - $21,459.59
$17,167 - $26,613/month
Effective July 13, 2026
EXHIBIT A
724
Class
Code Classification
2405 Assistant Administrative Services Director (Conf) $15,927.14 - $19,908.93 2440 Assistant City Attorney, Senior (Confidential)* $17,618.13 - $22,022.67 2442 Assistant City Attorney (Confidential) $15,927.14 - $19,908.93 2400 Assistant to the City Manager (Confidential) $14,085.04 - $17,606.31 2444 Deputy City Attorney (Confidential)** $12,081.96 - $15,102.45 2420 Human Resources Manager (Confidential) $14,816.26 - $18,520.33 2450 Human Resources Analyst, Senior (Conf) $11,491.87 - $14,364.83 2411 Human Resources Analyst II (Confidential) $10,740.62 - $13,425.78 2410 Human Resources Analyst I (Confidential) $8,734.63 - $10,918.28 2460 Management Analyst, Senior (Confidential) $11,491.87 - $14,364.83 2431 Management Analyst II (Confidential) $10,740.62 - $13,425.78 2430 Management Analyst I (Confidential) $8,734.63 - $10,918.28 2465 Risk Manager (Confidential)* $14,198.91 - $17,748.64 *Internal Equity Adjustment effective 04/20/2026
** Market Equity Adjustment effective 04/20/2026
CITY OF LIVERMORE
Monthly Salary Range
Effective July 13, 2026
$8,734 - $22,022/month
MANAGEMENT CONFIDENTIAL SALARY SCHEDULE
EXHIBIT A
725
Class
Code Classifications
2600 Administrative Receptionist $5,785.41 - $7,231.76
2610 Administrative Specialist I $6,696.44 - $8,370.55
2611 Administrative Specialist II $7,531.35 - $9,414.18 2620 Executive Assistant $9,641.27 - $12,051.59
2630 Human Resources Clerk I $6,696.44 - $8,370.55
2631 Human Resources Clerk II $7,366.84 - $9,208.54
2640 Human Resources Technician $8,083.35 - $10,104.19
2650 Law Office Supervisor $9,641.27 - $12,051.59
2660 Legal Assistant $8,006.53 - $10,008.16
Monthly Salary Range
CITY OF LIVERMORE
CONFIDENTIAL SALARY SCHEDULE
$5,785 - $12,051/month
Effective July 13, 2026
EXHIBIT A
726
Class
Code Classification Monthly Salary Range
1235 Police Chief* $24,543.75 - $30,679.69
1200 Assistant City Manager $20,637.22 - $25,796.53
1220 Community Development Director $18,761.11 - $23,451.39 1215 Administrative Services Director $18,303.52 - $22,879.40 1240 Public Works Director $18,303.52 - $22,879.40
1225 Innovation & Economic Development Dir $17,857.10 - $22,321.37 1230 Library Services Director $17,857.10 - $22,321.37
1205 Deputy City Manager $15,314.56 - $19,143.20
1210 Deputy City Manager/City Clerk $15,314.56 - $19,143.20 *6% Salary Adjustment effective 07/13/2026
CITY OF LIVERMORE
EXECUTIVE MANAGEMENT SALARY SCHEDULE
$15,314 - $30390/month
Effective November 17, 2025
EXHIBIT A
727
CITY OF LIVERMORE
APPOINTED MANAGEMENT
Class
Code Classification Annual Salary Effective
1000 City Manager $392,895 11/17/2025
1100 City Attorney $334,185 5/4/2026
EXHIBIT A
728
CITY OF LIVERMORE
UNCLASSIFIED AND HOURLY SALARY SCHEDULE
Class
Code Classification Hourly Salary Range Effective Date
8200 Department Assistant $16.90 - $30.00 12/29/25
8205 Field/Maintenance Aide $16.90 - $30.00 12/29/25
8210 Law Clerk $16.90 - $26.00 12/29/25
8230 Temporary Librarian $22.00 - $32.00 01/01/24
8235 Temporary Library Assistant $20.00 - $30.00 01/01/24 8240 Temporary Library Clerk $18.00 - $28.00 01/01/24
8215 Library Aide $16.90 - $20.00 12/29/25
8220 Police Cadet $16.90 - $26.00 12/29/25
8225 Special Projects Coordinator $20.00 - $100.00 12/20/21
EXHIBIT A
729
CITY OF LIVERMORE
RETIRED ANNUITANTS
Class
Code Classification Hourly Salary Range Effective Date
8500 Retired Annuitant - Assistant City Engineer $85.48 - $106.85 07/13/26 8505 Retired Annuitant - Senior Civil Engineer $77.01 - $96.26 07/13/26 8510 Retired Annuitant - Associate Civil Engineer $66.74 - $81.12 10/05/26 8516 Retired Annuitant - Principal Planner $76.08 - $95.10 07/13/26 8520 Retired Annuitant - Associate Planner $62.40 - $75.85 10/05/26 8525 Retired Annuitant - Senior Planner $65.43 - $79.54 10/05/26 8530 Retired Annuitant - Police Officer $64.05 - $77.86 05/04/26 8535 Retired Annuitant - Public Safety Dispatcher $48.30 - $58.71 10/05/26 8540 Retired Annuitant - Senior Management Analyst $66.30 - $82.87 07/13/26 8545 Retired Annuitant - Senior Human Resources Analyst $66.30 - $82.87 07/13/26 8550 Retired Annuitant - Public Works Supervisor $63.82 - $79.78 07/13/26 8555 Retired Annuitant - Management Analyst II $61.97 - $77.46 07/13/26 8560 Retired Annuitant - Administrative Clerk I $33.17 - $40.32 10/05/26 8565 Retired Annuitant - Library Clerk $33.17 - $40.32 10/05/26 8570 Retired Annuitant - Senior Mechanic $51.70 - $62.84 10/05/26 8575 Retired Annuitant - Deputy City Clerk $50.39 - $62.99 07/13/26 8580 Retired Annuitant - Assistant City Clerk $61.97 - $77.46 07/13/26 8585 Retired Annuitant - City Clerk $73.87 - $92.34 07/13/26 8590 Retired Annuitant - Administrative Services Director $105.59 - $131.99 04/13/26 8591 Retired Annuitant - Finance Manager $85.48 - $106.85 09/14/26 730
CITY COUNCIL STAFF REPORT ITEM NO. 7.1
DATE: September 14, 2026
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: Hearing to consider a resolution approving the Fiscal Year 2025-26 Consolidated Annual Performance Evaluation Report for the Community Development Block Grant; and authorizing submittal to the U.S. Department of Housing and Urban Development.
RECOMMENDED ACTION
The Human Services Commission and staff recommend the City Council adopt a resolution:
1. Approving the Fiscal Year (FY) 2025-26 Consolidated Annual Performance and Evaluation Report (CAPER) for the Community Development Block Grant (CDBG), and authorizing submission of the report to Alameda County for inclusion with the Alameda County HOME Consortium report for submittal to the U.S Department of Housing and Urban Development (HUD); and
2. Authorizing the City Manager, or her designee, to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution, including approving minor changes to the FY 2025-26 CAPER.
SUMMARY
The City of Livermore is required by the U.S. Department of Housing and Urban Development to submit an annual CAPER outlining how federal and local funds were used to support affordable housing, community development, and human services activities. In FY 2025-26, the City utilized $396,908 in CDBG funds and $123,602 in HOME funds, supplemented by local funding sources totaling $1,276,974.
These combined resources supported 21 grants to 14 nonprofit agencies, providing essential services to more than 7,500 Livermore residents.
The City will meet all Citizen Participation Plan requirements by publishing a public hearing notice on August 26, 2026, holding a 15-day public review period beginning August 28, 2026, and conducting a public hearing. The Human Services Commission also reviewed the draft CAPER at their publicly noticed September 8, 2026, meeting, offering an additional opportunity for public input. Staff and the Human Services Commission recommend that the City Council approve the FY 2025-26 CAPER and authorize its submission to HUD by September 28, 2026.
DISCUSSION
731
The City of Livermore receives CDBG entitlement funds from the U.S. Department of Housing and Urban Development (HUD). As a condition of this funding, the City must submit an annual performance report, known as the CAPER, which documents how federal and local resources were used to advance the goals and priorities related to affordable housing, community development, and human services. The FY 2025-26 CAPER outlines the City's performance and progress toward the objectives established in the FY 2025-2029 Consolidated Plan and the FY 2025-26 Annual Action Plan.
During FY 2025-26, the City received $396,908 in CDBG funds that supported rental assistance, public services, facility improvements, and Section 108 loan repayments. A total of $159,305 was invested in tenant-based rental assistance services and public service activities, $158,221 supported Section 108 loan repayments for the Hagemann Farms and Axis Community Health Medical Clinic, and $79,382 was for program administration. Abode Services and Tri-Valley Haven provided rental assistance and case management to 16 households, and Spectrum Community Services delivered meals and wellness checks to 255 seniors through the Meals on Wheels program. Additionally, $101,846 in prior-year funds supported the ongoing construction of the Tri-Valley Haven's Emergency Shelter, with 171 residents served at temporary off-site locations during the building phase.
Through participation in the Alameda County HOME Consortium, the City allocated $123,602 in HOME Investment Partnerships Program (HOME) funds. HOME funds were paired with CDBG funds to provide deposit and rental assistance for the tenant-based rental assistance programs. The combination of funding sources strengthened housing stability for low-income residents.
The City continued its commitment to leveraging federal funds with local resources, contributing an additional $182,000 in Human Services Facility Fee funds, $148,464 from the Social Opportunity Endowment fund, $326,000 in Housing In-Lieu fees, and $100,000 in General Funds. These combined resources totaled $1,276,974 and provided vital services to over 7,500 Livermore residents through 21 grants awarded to 14 nonprofit agencies addressing homelessness prevention, supportive services, and affordable housing needs. Beyond investment in direct services, the City continued to strengthen partnerships with nonprofit agencies and regional collaborators to ensure services are coordinated and responsive to emerging community needs. The CAPER highlights accomplishments such as increased access to safety-net services, progress on affordable housing initiatives, and continued support for agencies serving vulnerable populations including seniors, youth, and residents experiencing economic instability.
The required 15-day public review and comment period for the CAPER, as outlined in the City's Citizen Participation Plan, has been completed. Public notice was published on August 26, 2026, initiating a public review period beginning August 28, 2026, and culminating in this public hearing, in full compliance with HUD requirements. Additionally, at the September 8, 2026, Human Services Commission meeting, Commissioners and the public had the opportunity to review the CAPER and offer comments prior to its submission. This additional step ensured enhanced transparency and provided another opportunity for public engagement with the draft report. Both the Human Services Commission and City staff recommend that the City Council approve the FY 2025-26 CAPER and authorize its submission to HUD on or before September 28, 2026.
FISCAL AND ADMINISTRATIVE IMPACTS
There are no fiscal impacts other than staff time associated with preparation and execution of the FY 732
2025-26 CAPER.
COMMUNITY PILLAR
1: A Safe Community That Thrives
GOAL
8: Expand and improve access to human services.
ATTACHMENTS
1. Resolution
2. Exhibit A - FY 2025-26 CAPER
Prepared by: Amy Walker
Management Analyst I
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Kristen Hilton
Acting Administrative Services Director
733
1 RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION APPROVING THE FISCAL YEAR 2025-26 CONSOLIDATED
ANNUAL PERFORMANCE EVALUATION REPORT FOR THE COMMUNITY
DEVELOPMENT BLOCK GRANT; AND AUTHORIZING SUBMITTAL TO THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
The City of Livermore receives Community Development Block Grant (CDBG) entitlement funds from the U.S. Department of Housing and Urban Development (HUD).
As a condition of this funding, the City must submit an annual performance report, known as the Consolidate Annual Performance Evaluation Report (CAPER), which documents how federal and local resources were used to advance the goals and priorities related to affordable housing, community development, and human services.
The Fiscal Year (FY) 2025‑26 CAPER outlines the City’s performance and progress toward the objectives established in the FY 2025‑29 Consolidated Plan and the FY 2025‑26 Annual Action Plan.
During FY 2025-26, the City received $396,908 in CDBG funds that supported rental assistance, public services, facility improvements, and Section 108 loan repayments. A total of $159,305 was invested in tenant‑based rental assistance services and public service activities, $158,221 supported Section 108 loan repayments for the Hagemann Farms and Axis Community Health Medical Clinic, and $79,382 was for program administration. Abode Services and Tri‑Valley Haven provided rental assistance and case management to 16 households, and Spectrum Community Services delivered meals and wellness checks to 255 seniors through the Meals on Wheels program. Additionally, $101,846 in prior‑year funds supported the ongoing construction of the new Emergency Shelter, with 171 residents serving at temporary off‑site locations during the building phase.
In addition to the CDBG grant funds, the City allocated $123,602 in federal HOME funds, supplemented by local funding sources, totaling $1,276,974. These combined resources supported 21 grants to 14 nonprofit agencies, providing essential services to more than 7,500 Livermore residents addressing homelessness prevention, supportive services, and affordable housing needs.
The required 15‑day public review and comment period for the CAPER, as outlined in the City’s Citizen Participation Plan, has been completed. Public notice was published on August 26, 2026, initiating a public review period beginning August 28, 2026, and culminating in the public hearing tonight, in full compliance with HUD requirements. Additionally, at the September 8, 2026, Human Services Commission meeting, Commissioners and the public were provided an opportunity to review the CAPER and offer comments prior to its submission. This additional step ensured enhanced transparency and provided another opportunity for public engagement with the draft report.
734
2 RESOLUTION NO. ________
Both the Human Services Commission and City staff recommend that the City Council approve the FY 2025‑26 CAPER and authorize its submission to HUD on or before September 28, 2026.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore, that it:
1. Approves the Fiscal Year (FY) 2025-26 Consolidated Annual Performance and Evaluation Report (CAPER) for the Community Development Block Grant (CDBG), attached hereto as Exhibit A, and authorizes submission of the report to Alameda County for inclusion with the Alameda County HOME Consortium report for submittal to U.S Department of Housing and Urban Development (HUD); and
2. Authorizes the City Manager, or her designee, to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution, including approving minor changes to the FY 2025-26 CAPER.
On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on September 14, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Daniel Gonzales
Olivia Nashed Daniel Gonzales
City Clerk Deputy City Attorney
Exhibit A- FY 2025-26 CAPER
735
CONSOLIDATED ANNUAL PERFORMANCE AND
EVALUATION REPORT
(CAPER)
JULY 1, 2025 to JUNE 30, 2026
MEMBER OF THE ALAMEDA COUNTY HOME CONSORTIUM
EXHIBIT A
736
City of Livermore FY 2025-26 CAPER 2
CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan.
91.520(a) This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year.
During FY 2025-26, the City of Livermore made meaningful progress in carrying out the goals established in the FY 2025-2029 Consolidated Plan and the Annual Action Plan. The City continued to direct federal, state, and local resources toward housing, homelessness, public services, and community facility improvements to meet the needs of low‑income residents.
Over the program year, Livermore advanced several major initiatives that supported its highest‑priority goals. Construction of the Emergency Shelter moved forward, following the completion of demolition in 2024. This project allows the City to continue to serve some of the most vulnerable residents and aligns with the goal of improving public infrastructure and facilities.
The City also continued its work to prevent homelessness and increase housing stability by supporting tenant-based rental assistance programs and partnering with local providers to deliver housing navigation and case management services. These efforts helped vulnerable households access and maintain safe, stable housing within the community.
In addition to housing initiatives, the City invested in local public service programs that provided essential support for seniors, families, and individuals with disabilities. Through its partnerships, Livermore expanded access to food distribution, senior nutrition services, mental health counseling, legal assistance for older adults, and other critical services that promote stability and well‑being.
The City further strengthened community facilities through capital improvements that enhanced accessibility, safety, and the physical environment at sites serving formerly homeless residents and individuals with disabilities. These projects help ensure that service locations remain safe, functional, and responsive to the community’s needs.
Livermore also supported the continued operation of its Multi‑Service Center (MSC), a key community hub that houses nonprofit providers and connects residents with a broad range of supportive services.
Maintaining this resource is central to the City’s strategy to deliver coordinated, accessible services to low‑income households.
Collectively, these accomplishments reflect the City’s ongoing commitment to addressing local housing and community development needs and implementing the goals outlined in the Consolidated Plan through coordinated investment, partnerships, and service delivery.
EXHIBIT A
737
City of Livermore FY 2025-26 CAPER 3
Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g)
Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals.
Table 1 - Accomplishments – Program Year & Strategic Plan to Date Goal Category Source /
Amount
Indicator Unit of
Measure
Expected
–
Strategic
Plan
Actual –
Strategic
Plan
Percent
Complete
Expected
–
Program
Year
Actual –
Program
Year
Percent
Complete
Affordable
Housing and
Rental
Assistance
Affordable
Housing
CDBG:
$500,000
Tenant-based
rental
assistance /
Rapid
Rehousing
Households
Assisted
75 16 21.00% 17 16 94.00%
Improve
Public
Infrastructure
and Facilities
Non-Housing
Community
Development
CDBG:
$235,963
Public Facility
or
Infrastructure
Activities other
than Low-
/ModerateIncome
Housing Benefit
Persons
Assisted
100 0 0.00% 0 0
Improve
Public
Infrastructure
and Facilities
Non-Housing
Community
Development
CDBG:
$600,000
Other Other 3 2 67.00% 3 2 67.00%
Minor
Housing
Rehabilitation
Program
Affordable
Housing
CDBG:
$100,000
Homeowner
Housing
Rehabilitated
Household
Housing
Unit
10 0 0.00% 0 0
Support Core
Public
Services
Homeless
Non-Homeless
Special Needs
Non-Housing
Community
Development
CDBG:
$297,680
Public service
activities other
than Low-
/ModerateIncome
Housing Benefit
Persons
Assisted
1250 255 20.40% 160 255 159.38%
EXHIBIT A
738
City of Livermore FY 2025-26 CAPER 4
Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified.
During FY 2025-26, the City of Livermore utilized CDBG funds to support activities that advance the priority needs identified in the FY 2025-2029 Consolidated Plan. CDBG resources were allocated to tenant-based rental assistance programs and public service activities ($159,305), Section 108 loan repayments ($158,221), and program administration ($79,382). These investments contributed to improved public facilities, expanded rental assistance, and strengthened essential services for low‑income residents.
CDBG funds supported annual principal and interest payments on the Hagemann Farms and Axis Community Health Medical Clinic Section 108 loans. This aligns with the Consolidated Plan priority to maintain and improve public infrastructure and facilities.
Under the Affordable Housing and Rental Assistance priority, Abode Services provided tenant-based rental assistance, case management, and housing support to two households. Tri‑Valley Haven served 14 households, offering case management and rental assistance as well.
To support core public services, Spectrum Community Services delivered meals and wellness checks to 255 seniors through the Livermore Meals on Wheels program, helping to maintain food security and health for vulnerable older adults.
The City also expended prior-year CDBG funds ($101,846) toward construction of the Emergency Shelter. During construction, 171 Livermore residents received shelter services at confidential off‑site locations. The new facility is anticipated to open in early 2027.
These activities collectively supported Livermore’s highest priority needs by expanding housing stability, maintaining essential public facilities, and delivering critical services to low‑income populations.
EXHIBIT A
739
City of Livermore FY 2025-26 CAPER 5
CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted).
91.520(a)
CDBG
White 264
Black or African American 94
Asian 21
Native Hawaiian or Other Pacific Islander 5
American Indian or American Native 1
American Indian or American Native and White 1
Other/Multi Racial 56
Total 442
Hispanic 89
Not Hispanic 353
Table 1 – Table of assistance to racial and ethnic populations by source of funds Narrative
In FY 2025-26, the City of Livermore assisted a total of 442 individuals through CDBG funded activities.
Of those served, the largest groups identified as White, Black or African American, and Other/Multi Racial.
With respect to ethnicity, 89 individuals identified as Hispanic and 353 as not‑Hispanic. The ethnicity distribution of CDBG beneficiaries generally aligns with the demographics of Livermore’s population. The City continues to implement strategies that enhance access for Hispanic residents, including expanded language access, multilingual outreach, and strengthened coordination with service providers serving limited‑English‑proficient households.
Note: The total number of individuals assisted includes 171 people who received housing support related to the Emergency Shelter Rebuild project during the program year.
EXHIBIT A
740
City of Livermore FY 2025-26 CAPER 6
CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Source of Funds Source Resources Made
Available
Amount Expended
During Program Year
CDBG public - federal 396,908 413,820.04
Table 2 - Resources Made Available
Narrative
During FY 2025-26, the City of Livermore received $396,908 in CDBG entitlement funds. The amount expended during the fiscal year was $413,820.04, which included the use of prior‑year resources in the amount of $101,846. The City determined that $60,000 previously designated for Section 108 loan repayment related to the Emergency Shelter Rebuild will be reprogrammed to an eligible activity in the next Action Plan.
Identify the geographic distribution and location of investments Target Area Planned Percentage of
Allocation
Actual Percentage of
Allocation
Narrative Description
City-wide 100 100 Other
Table 3 – Identify the geographic distribution and location of investments
EXHIBIT A
741
City of Livermore FY 2025-26 CAPER 7
Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan.
The City of Livermore effectively leveraged its CDBG entitlement with additional local, state, and federal resources in support of Consolidated Plan priority needs. The City combined CDBG funds with $574,464 of local funds from Housing In-Lieu ($326,000), Social Opportunity Endowment (SOE) funds ($148,464), and General Funds ($100,000) to reach more public service programs serving low‑income residents.
The Housing In‑Lieu funds supported activities that addressed priority needs related to housing, homelessness prevention, and supportive services. These funds supported outreach and crisis stabilization programs, as well as shelter operations for individuals experiencing homelessness and survivors of domestic violence.
The SOE and General Funds supported 13 public service programs that provided critical services to low‑income and underserved residents. Funded activities included food distribution at a local pantry, senior meal services, legal assistance for older adults, housing support for individuals with disabilities, mental health counseling, education and job training, and child abuse intervention services.
The City allocated funding from the Human Services Facility Fee (HSFF) fund ($182,000) for two capital projects: weatherproofing homes at Goodness Village, which serves formerly homeless individuals, and installing shade structures and ADA‑accessible walking paths at Sunflower Hill’s Hagemann Farms Gardens. Both projects improved service environments for vulnerable populations.
To further advance affordable housing and homelessness prevention goals, the City utilized its federal HOME allocation ($123,602) through the Alameda County HOME Consortium that supported two tenant‑based rental assistance programs that help prevent homelessness by providing deposits and rental subsidies to vulnerable households.
Additionally, the City committed General Funds ($244,606) to support operations of the Livermore MSC.
The MSC functions as a regional service hub for low‑income households, including offering support for individuals experiencing homelessness, thereby reinforcing the City’s goals related to coordinated service delivery.
Finally, the City leveraged state Homeless Housing, Assistance, and Prevention (HHAP) funds ($257,113) to provide crisis intervention, permanent and supportive housing services, and shelter operations for individuals experiencing homelessness in the Tri‑Valley area.
EXHIBIT A
742
City of Livermore FY 2025-26 CAPER 8
CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate-income, and middle-income persons served.
One-Year Goal Actual
Number of Homeless households to be
provided affordable housing units 0 0
Number of Non-Homeless households to be
provided affordable housing units 0 0
Number of Special-Needs households to be
provided affordable housing units 0 0
Total 0 0
Table 4 – Number of Households
One-Year Goal Actual
Number of households supported through
Rental Assistance 17 16
Number of households supported through
the Production of New Units 0 0
Number of households supported through
Rehab of Existing Units 0 0
Number of households supported through
Acquisition of Existing Units 0 0
Total 17 16
Table 5 – Number of Households Supported
Discuss the difference between goals and outcomes and problems encountered in meeting these goals.
The City of Livermore remains committed to addressing the ongoing shortage of affordable housing through strategic investments in both the new construction and rehabilitation of affordable rental housing developments. These efforts are specifically targeted toward households earning at or below 50% of the Area Median Income (AMI).
In addition to capital development, the City allocates funding to nonprofit organizations that administer programs to help residents access and maintain affordable housing. These include rental assistance programs supported by the CDBG and the HOME grants. During FY 2025-26, rental assistance programs encountered several operational challenges. Nonprofit partners reported difficulties related to the
EXHIBIT A
743
City of Livermore FY 2025-26 CAPER 9
limited availability of rental units that met program eligibility criteria and credit‑related barriers among prospective tenants.
The City continues to prioritize the development of housing units and the implementation of programs that address the needs of priority populations, including individuals with disabilities, large families, survivors of domestic violence, seniors, and individuals experiencing homelessness.
A key focus of the City’s housing strategy is the expansion of permanent housing opportunities for individuals experiencing homelessness. At the same time, the City supports and evaluates options for emergency and transitional housing to meet immediate and short‑term needs.
Currently, five affordable housing projects are in various stages of predevelopment and development.
These projects will deliver new affordable units serving a diverse range of populations, including workforce households, seniors, and individuals experiencing homelessness. Construction of Phase 1 of the Pacific Avenue Senior Apartments began in Spring 2025. Upon completion, the development will provide 79 affordable units designated for senior households earning between 20% and 60% of AMI.
To support long‑term housing stability and economic mobility, the City promotes affordable homeownership opportunities for low‑ to moderate‑income households through the Mortgage Assistance Program and the Below Market Rate (Inclusionary) Purchase Program. These initiatives are intended to expand access to homeownership and ensure a diverse and inclusive housing market in Livermore.
Discuss how these outcomes will impact future annual action plans.
The demand for affordable housing remains at an unprecedented level, and the City is committed to continuing its efforts to address this critical need. The outcomes achieved during the reporting period will inform future Annual Action Plans by guiding the strategic use of local financial resources and regulatory mechanisms. This approach enables the City to effectively leverage federal CDBG and HOME grant funding to expand affordable housing opportunities.
Additionally, the City will continue to evaluate and pursue new policy initiatives that promote and facilitate the development of affordable housing units. Lessons learned from current program performance, including challenges related to unit availability, tenant eligibility, and rental market conditions, will help the City refine strategies, strengthen partnerships, and target investments to better meet community needs in subsequent program years.
EXHIBIT A
744
City of Livermore FY 2025-26 CAPER 10
Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity.
Number of Households Served CDBG Actual HOME Actual
Extremely Low-income 15 0
Low-income 0 0
Moderate-income 1 0
Total 16 0
Table 6 – Number of Households Served
Narrative Information
The City of Livermore’s CDBG funded initiatives were strategically directed toward the most economically disadvantaged segments of the community. All individuals served through these programs qualified as either extremely low-income, earning less than 30% of the AMI, or low- to moderate-income earnings, between 30% and 80%, of the AMI.
EXHIBIT A
745
City of Livermore FY 2025-26 CAPER 11
CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through:
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
The City continues to collaborate closely with neighboring jurisdictions within the Tri‑Valley to identify and pursue joint funding opportunities aimed at addressing homelessness. As part of its broader commitment, the City has adopted the Home Together 2026 Plan, a countywide initiative developed by Alameda County that outlines strategic goals and targeted investments designed to significantly reduce homelessness. The County and City Partners are currently in the process of updating the Home Together Plan to address the results of the 2026 Point in Time Count.
In response to increasing community concerns in Livermore, the City launched a Homeless Roundtable (Roundtable) in 2024. The Roundtable meets quarterly and includes representatives from approximately 20 local service providers, in addition to City staff. Its purpose is to strengthen coordination among service providers, improve resource navigation for unhoused individuals, and support the development and piloting of local projects.
Throughout the current program year, the City has continued to support a range of initiatives that provide essential services to unhoused individuals. These include participation in a regional crisis intervention service and Livermore‑specific programs such as shower and laundry services, waste removal, and biohazard cleanup. The City also provided funding to several key service providers, including Abode Services, Bay Area Community Health (BACH), CityServe of the Tri‑Valley, and Open Heart Kitchen, to support outreach activities such as meal distribution, healthcare services, and housing navigation. The City and its partners regularly engage with unsheltered individuals to assess their needs and integrate community feedback into program planning.
According to the 2026 HUD‑mandated biennial Point‑in‑Time Count, the City experienced a 4% increase in homelessness compared to the 2024 count. This increase underscores the continued need to implement and expand the City’s multi‑tiered strategic approach to reducing and ultimately ending homelessness.
Addressing the emergency shelter and transitional housing needs of homeless persons The City of Livermore remains committed to addressing homelessness through strategic investments in emergency shelter, transitional housing, and supportive services.
Local funds continue to support two shelters, Sojourner House and Shiloh House. Sojourner House is the only homeless shelter in the Tri‑Valley region that accommodates families and single fathers with children. The facility offers 16 beds, operates year‑round, and permits stays of up to six months. During the current program year, Sojourner House served 29 Livermore residents.
EXHIBIT A
746
City of Livermore FY 2025-26 CAPER 12
Shiloh House is a confidential domestic violence shelter that offers case management, counseling, and supportive services for women and children who are survivors of family violence. Over the course of the program year, Shiloh House served 171 Livermore residents.
During FY 2025-26, the Vineyard Resource Center (Resource Center) and Open Heart Refuge collectively provided 10,186 bed nights, serving 128 individuals experiencing homelessness with emergency shelter and supportive services. The Vineyard Resource Center also offers 23 units of permanent supportive housing for formerly homeless individuals.
During the year, Open Heart Refuge transitioned to an assigned‑bed model. This framework provided participants with greater stability, encouraged consistent engagement in housing navigation and case management services, and better prepared individuals for successful transitions to permanent housing.
The Vineyard Resource Center provided comprehensive housing navigation and case management services to 117 individuals experiencing homelessness. In addition, the Resource Center delivered 7,007 showers and 3,602 loads of laundry to 302 unduplicated individuals, addressing essential hygiene needs while connecting participants to supportive services. Nine clients receiving housing navigation services through the Vineyard Resource Center successfully exited the shelter to permanent housing during the program year.
Recognizing the need for non‑congregate shelter options during extreme weather events, the City secured an $80,000 grant from Alameda County to implement the Winter Shelter Relief Program. This program offers emergency hotel accommodations for medically vulnerable individuals experiencing homelessness. In FY 2025-26, the program served 49 households, with three households successfully transitioning into permanent housing.
Additionally, the City is actively collaborating with the Livermore Housing Authority (LHA) and the Livermore Valley Joint Unified School District (LVJUSD) to operate a transitional housing program for unhoused families. This initiative aims to address the local need for permanent supportive bridge housing, thereby providing stability and pathways toward long‑term housing for families experiencing homelessness.
Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs The City of Livermore continues to invest in housing stability through the provision of HOME and CDBG funds to nonprofit organizations administering tenant‑based rental assistance programs. These programs offer up to 24 months of rental assistance, case management, and mental health support to homeless adults, families, and survivors of domestic violence who are at risk of homelessness. HOME funds are designated for rental assistance, while CDBG funds support case management and housing
EXHIBIT A
747
City of Livermore FY 2025-26 CAPER 13
support services.
In addition to federal funding, the City allocates local resources to support housing counseling and crisis stabilization services. These services provide low‑income individuals and families with essential guidance, intervention, and case management to prevent housing loss and promote long‑term stability.
The City remains committed to expanding permanent supportive housing through the development of affordable housing projects in Livermore. These efforts increase the availability of long‑term housing opportunities for individuals experiencing homelessness and are aligned with the City’s strategic goals.
The Vineyard Resource Center also strengthened local support services by expanding food distribution and homeless assistance programs.
As part of a broader regional effort, the Continuum of Care (Continuum) works with publicly funded institutions of care to prevent discharging individuals into homelessness. The Realignment Housing Program (RHP) employs housing specialists who assist individuals in the county jail with housing planning prior to release. The RHP, funded by the Alameda County Probation Department, provides rapid rehousing services for individuals experiencing or at risk of homelessness.
The Continuum also participates in the Youth Transitions Planning Partnership, funded by Health and Human Services (HHS), to ensure that transitional‑age youth exiting foster care do not discharge into homelessness. The partnership coordinates foster care resources with McKinney‑Vento–funded housing programs to ensure youth maintain stable housing. Additionally, Alameda County is a Youth Homelessness Demonstration Program (YHDP) grant recipient, further expanding supportive housing resources for youth.
Alameda County operates as a “Housing First” Continuum of Care and collaborates with several publicly funded institutions of care to ensure that persons are not discharged into homelessness. All funded programs prioritize rapid connection to permanent housing without requiring clinical preconditions.
Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
The City of Livermore remains committed to reducing homelessness through a comprehensive array of programs and strategic initiatives. The Livermore City Council has designated Homelessness and Affordable Housing as a top policy priority and has implemented the Home Together 2026 Plan, a countywide framework designed to significantly reduce homelessness throughout Alameda County.
To support this vision, the City continues to leverage funding in order to provide critical services, including crisis intervention, tenant‑based rental assistance, street medicine outreach, and temporary shelter operations. These coordinated efforts aim to meet both immediate needs and long‑term goals
EXHIBIT A
748
City of Livermore FY 2025-26 CAPER 14
for individuals experiencing homelessness.
In partnership with the LHA, the City successfully secured a Family Homelessness Challenge Grant from the State of California. This grant enables LHA to reserve vacant units within its housing portfolio for unhoused families and provide patient‑centered, linguistically accessible, and trauma‑informed supportive services designed to facilitate permanent exits from homelessness.
Participating families receive intensive case management, housing stabilization services, and education‑focused supports to help overcome barriers to long‑term housing stability. The City and LHA collaborate closely with the LVJUSD and local homeless service providers to ensure families have access to school‑based services, mental health resources, and other support services that promote stability and reduce the likelihood of families returning to homelessness. In FY 2025-26, the program served 15 families. Since the grant’s inception, a cumulative total of 17 families have been assisted, with three families successfully exiting to permanent housing.
From January to June 2026, the Family Homeless Challenge Grant also funded 30 off‑site shelter beds while the Emergency Shelter was under construction. This has ensured continued access to interim housing for individuals and families during the temporary closure.
Alameda County’s Housing Crisis Response System seeks to prevent homelessness whenever possible, provide dignified safety‑net services, and maintain individuals in permanent housing through ongoing subsidies and supportive services. Coordinated Entry serves as the front door and a central organizing feature of the system. It rapidly assesses the needs of individuals in housing crisis, connects them to available support services, and tracks system performance.
Coordinated Entry offers a standardized and transparent method for identifying people experiencing homelessness in Alameda County, assessing their needs, and prioritizing and matching them to appropriate housing and service programs. The Alameda County Housing and Homeless Services (H&H) manages a county-wide housing queue, maintained in Homeless Management Information System (HMIS) and governed by applicable privacy and security policies. Services are provided at 12 Housing Resource Centers and 14 street health outreach teams across the county.
EXHIBIT A
749
City of Livermore FY 2025-26 CAPER 15
CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
The Livermore Housing Authority currently owns and manages 167 units of affordable housing and administers 708 Housing Choice Vouchers (HCV). In recognition of the substantial number of households served, LHA remains committed to enhancing residents’ quality of life while ensuring the efficient and effective management of its housing portfolio.
To support these goals, LHA is focused on delivering on‑site supportive services and referrals for residents of LHA‑owned properties, as well as developing a comprehensive long‑term capital improvement and rehabilitation plan. This plan is designed to preserve the safety, sanitation, and overall quality of all LHA units.
Actions taken to encourage public housing residents to become more involved in management and participate in homeownership
HUD requires all Public Housing Authorities (PHAs) to establish a Resident Advisory Board (RAB) to ensure resident input is incorporated into the development of the agency’s Five‑Year and Annual Plans.
These plans outline the PHA’s policies, programs, operations, and strategies for addressing local housing needs.
LHA considers all residents of its public housing units and all participants in its HCV Program to be members of the RAB. LHA staff present both the Five‑Year Plan, submitted to HUD once every five years, and the Annual Plan, submitted annually, for review and feedback from RAB members. This engagement ensures that resident perspectives are reflected in LHA’s planning and decision‑making processes.
Additionally, LHA is collaborating with the City of Livermore to explore strategies that support HCV participants in pursuing homeownership opportunities. This includes identifying pathways to access the City’s affordable homeownership programs and related resources. Staff have delivered homeownership workshops and orientations to HCV participants and supported the expansion of financial literacy and supportive services to better prepare households for homeownership. In 2025, the City celebrated the successful purchase of a first home by a current HCV participant through the City’s Affordable Homeownership Program.
Actions taken to provide assistance to troubled PHAs
Not applicable. The Livermore Housing Authority is currently designated as a high performing agency.
EXHIBIT A
750
City of Livermore FY 2025-26 CAPER 16
CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) The City of Livermore has adopted three local ordinances to mitigate adverse effects of public policies that may create barriers to affordable housing. These ordinances require developers of new residential and non‑residential projects to contribute to the City’s affordable housing supply and to support infrastructure and facilities necessary for social services, including childcare, community care, and senior services.
The City’s Inclusionary Housing Ordinance requires that a portion of units in all residential developments be reserved as affordable to low‑ and moderate‑income households. Residential projects with 10 or fewer units are not required to construct on‑site affordable units but must pay the affordable housing in‑lieu fee. Housing units produced through State Density Bonus provisions are exempt from the City’s inclusionary housing fee.
The Inclusionary Housing Ordinance helps address market constraints by requiring developers to include 15–20% affordable units within their projects, thus increasing overall production of affordable housing.
The ordinance includes a must‑build requirement mandating on‑site construction of affordable units and increases access to homeownership for lower‑income households. Because nearly all residential land in Livermore is privately owned, even with inclusionary fees available, the City and nonprofit developers face challenges competing for land suitable for affordable housing development.
Additionally, the ordinance promotes the distribution of mixed‑income housing throughout the city rather than concentrating affordable housing in specific areas. This approach aligns with the City’s goal of fostering socioeconomic integration and ensures residents of affordable units have access to the same amenities, such as parks, transit, and schools, as those in market‑rate developments.
The City will continue implementing and strengthening the ordinance to facilitate the construction of affordable units and evaluate additional policy options to expand the supply of affordable housing.
Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) In addition to utilizing local, state, and federal funds to support housing and human service provision, the City continues to identify ways to address public service funding gaps. Staff regularly update the Human Services website, enhance communications related to local services, and prioritize case management and service navigation through Housing and Human Services Grant funding.
The City continues implementing crisis stabilization programs, encampment resolution services, mental health urgent care, and efforts to expand substance use disorder (SUD) inpatient and outpatient services. Staff work collaboratively to align programs and resources to meet immediate health, safety,
EXHIBIT A
751
City of Livermore FY 2025-26 CAPER 17
housing, and dignity needs for individuals and families experiencing homelessness.
To address the lack of linguistically accessible services, the City translates Housing and Human Services resources into Spanish, updates web content, and evaluates language access as part of the grant application process.
Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) When potential lead‑based paint hazards are reported, Neighborhood Preservation staff initiate a formal response to assess the presence and severity of the hazard. This includes an on‑site evaluation to determine whether lead is present and if abatement is required. When abatement is necessary, the property owner must hire a certified third‑party specialist to complete the work in accordance with state regulations.
The City partners with the Alameda County Healthy Homes Department, which offers lead and mold testing for referred property owners and tenants prior to abatement activities.
If abatement is confirmed, staff reference applicable provisions of the California Health and Safety Code, including Sections 105256 and 17920.10, to enforce compliance. If the lead‑contaminated area is not properly abated within the prescribed timeframe, the City may issue a formal citation.
All abatement activities must be conducted by certified professionals in accordance with Title 17 of the California Code of Regulations, including adherence to lead‑safe work practices, proper containment, and post‑abatement clearance testing.
Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) The City of Livermore places high importance on programs aimed at preventing and reducing poverty.
The City and its partners coordinate a diverse range of services to support families living in poverty, including the Multi‑Service Center, an integrated service hub housing seven nonprofit agencies serving low‑income residents from Livermore and the Tri‑Valley region. The City continues to provide General Fund dollars to subsidize facility operations, maintenance, and nonprofit rents.
In addition to CDBG and HOME funds, the City invests local resources through its Housing and Human Services Grants program. Utilizing fees paid by local developers, Livermore established two local funds to leverage federal funding, the Social Opportunity Endowment fund and the Human Services Facility Fee fund. The SOE fund provides a long‑term, stable resource for public service activities and supported seven projects during the fiscal year. The HSFF fund supported acquisition, rehabilitation, and renovation of buildings that house human services programs. In FY 2025-26, two capital projects were completed using this funding.
Additionally, $100,000 in General Fund allocations supported six public service programs. These programs provided critical services such as mental health counseling, senior legal assistance, job training, disability housing support, and child abuse intervention services.
EXHIBIT A
752
City of Livermore FY 2025-26 CAPER 18
The City also collaborates with neighboring jurisdictions, Dublin and Pleasanton, to advance a regional strategy aimed at strengthening service provider infrastructure across the Tri‑Valley. In November 2024, the three cities convened a joint Human Services Commission meeting to identify priorities stemming from the Eastern Alameda County Human Services Needs Assessment. This two‑year regional process provided an assessment to help coordinate services, identify needs, and optimize funding strategies.
Actions taken to develop institutional structure. 91.220(k); 91.320(j) The City partners with more than 20 nonprofit organizations that provide affordable housing and essential safety‑net services to low‑income residents. Many of these organizations serve the broader Tri‑Valley region and receive funding not only from Livermore but also from Dublin and Pleasanton.
Given the shared regional needs, the three cities collaborate closely on human service strategies. Their Human Services Commissions occasionally meet jointly to assess needs and pursue opportunities to maximize limited resources. This coordination extends to the grants process, where the jurisdictions host joint application kick‑off meetings and utilize a joint grant application.
Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j)
The City collaborates with nonprofit and for‑profit developers, as well as financial institutions, to advance affordable housing development. For‑profit developers contribute to creating housing for individuals with disabilities and producing single‑family and multi-family units in compliance with the Inclusionary Housing Ordinance.
The City also partners with neighboring jurisdictions and agencies, including the Livermore Housing Authority, to design and implement multijurisdictional housing programs that meet shared regional needs and promote equitable access to housing.
Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) The City collaborated with Alameda County, local cities, and regional housing authorities to update the Analysis of Impediments to Fair Housing Choice for FY 2025-2029. Public meetings and surveys conducted in September 2024 gathered input from residents, and the final report was completed in Spring 2025.
Key findings highlight ongoing needs for affordable rental and homeownership opportunities for low‑income households; persistent discriminatory barriers to housing access based on disability and source of income; a shortage of accessible units and supportive housing for special‑needs populations; and challenges navigating affordable housing resources.
The City remains committed to ensuring that housing and social services are accessible and responsive to residents' diverse needs. Livermore continues to implement policies and programs aimed at eliminating barriers to housing access and maintains and strengthens partnerships with neighboring
EXHIBIT A
753
City of Livermore FY 2025-26 CAPER 19
jurisdictions, government agencies, and nonprofits to support the development and preservation of affordable housing for all income levels and household types.
CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements
The City has established comprehensive procedures for monitoring CDBG funded activities to ensure ongoing compliance with program regulations. The City executes an agreement with each agency awarded grant funding, including CDBG and HOME funds, through the Housing and Human Services Grant Program. As part of each grant agreement, agencies must submit quarterly invoices and reports.
These quarterly reports include detailed metrics used to track program progress and compliance.
The City conducts high‑level assessments of all agencies receiving grants to ensure adherence to federal and local requirements. Every two years, the City performs an on‑site monitoring visit of agencies receiving federal grant funding. Staff use a compliance monitoring checklist for each project to ensure agencies meet all regulatory requirements and maintain appropriate records. Monitoring visits include reviews of contract performance, program effectiveness, compliance with national objectives, and financial management practices.
Any questions or concerns identified during monitoring are addressed until fully resolved. The goal of the City’s monitoring process is to identify and correct deficiencies early, thereby improving subrecipient performance and preventing more significant compliance issues.
Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports.
On August 26, 2026, the City published a public notice announcing a public hearing on September 14, 2026, regarding the FY 2025-26 CAPER. To ensure broad community awareness, the notice was published in the local newspaper in both English and Spanish, emailed to the Human Services distribution list, posted on the City’s website, and made available at the MSC. The CAPER public review and comment period ran from August 28 through September 14, 2026.
Additionally, at the September 8, 2026, Human Services Commission meeting, Commissioners and public were provided an opportunity to review the CAPER and offer comments prior to its submission. This additional step ensured enhanced transparency and provided another opportunity for public engagement with the draft report.
EXHIBIT A
754
City of Livermore FY 2025-26 CAPER 20
CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences.
There are no changes to the City’s program objectives.
Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants?
No
EXHIBIT A
755
CITY COUNCIL STAFF REPORT ITEM NO. 7.2
DATE: September 14, 2026
TO: Honorable Mayor and City Council
FROM: Aaron Lacey, Fire Chief
SUBJECT: Hearing to receive and consider protests related to the annual fire hazard abatement program and confirm the 2026 Weed Abatement Program assessments for collection on the County Assessor tax roll.
RECOMMENDED ACTION
Staff recommends City Council:
1. Consider all protests, and adopt a resolution overruling protests and confirming the 2026 weed abatement assessments; and
2. Direct staff to file a certified copy of the assessment report with the County Auditor.
SUMMARY
The Fire Department requests City Council approval to fund the clearance of hazardous vegetation on non-compliant private properties and to recover these costs through assessments on the Alameda County Assessor's tax roll, in accordance with Resolution No. 2026-056. This annual program mitigates urgent fire hazards to protect public safety, with all affected parcels detailed in Exhibit A of the resolution.
DISCUSSION
The Weed Abatement Program is a critical public safety initiative designed to reduce fire hazards by ensuring that overgrown, hazardous vegetation on undeveloped private properties is properly cleared.
The program operates on a strict timeline, beginning in April and May when the City notifies owners of their responsibilities and sets a voluntary compliance deadline of May 31st. If a property remains uncleared on June 1st, the City issues an official Notice of Violation with photo evidence, follows up with a Final Notice on June 15th if the property is still noncompliant, and ultimately authorizes a city contractor to clear the hazard at the owner’s expense starting July 1st. This structured approach balances proactive community outreach with definitive enforcement deadlines, ensuring that hazardous fuels are successfully mitigated before the peak of the fire season. Each affected property owner is then sent an invoice covering the contractor's abatement fee and an administrative fee, as set by the City's Master Fee Schedule. Property owners are advised that payment must be received by 5:00 p.m. on September 14, 2026, to avoid having the charges placed on the property tax roll. 756
FISCAL AND ADMINISTRATIVE IMPACTS
The total cost of weed abatement work was $9,339.00, which includes administrative costs incurred by the City based on Resolution No. 2026-056, which authorized the Fire Department to proceed with the Fire Hazard Abatement Program. The total cost of work is fully recoverable and becomes a special assessment on the property owner's tax bill. Administrative costs include staff time to continue monitoring weed and debris hazards, preparation of parcel lists, publication of notices, mailing of letters, and invoices for the work performed. Also included is the cost of updating the parcel databases.
COMMUNITY PILLAR
1: A Safe Community that Thrives
GOAL
5: Ensure effective fire suppression, prevention, emergency medical and disaster services to meet the evolving needs of our communities and other changing conditions.
ATTACHMENTS
1. Resolution
2. Exhibit A - 2026 Weed Abatement Assessments
Prepared by: Shiffon Smith
Administrative Assistant
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Kristen Hilton
Acting Administrative Services Director
757
1 RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION OVERRULING PROTESTS AND CONFIRMING ASSESSMENTS –
FIRE HAZARD ABATEMENT
Pursuant to Government Code sections 39560, et seq., the City of Livermore (“City”) has completed proper notice, hearings, and all required proceedings as described in Resolution Nos. 2026-038 and 2026-056 to abate fire hazards.
On March 23, 2026, the City Council passed and adopted Resolution No. 2026- 038 declaring that there exist conditions of growing weeds, accumulated refuse, rubbish or dirt on private property and/or on the streets, parkways and/or sidewalks adjacent to each parcel of real property described in the resolution, and that such conditions are a public nuisance and shall be abated.
On April 27, 2026, the City Council adopted Resolution No. 2026-056 which ordered the abatement of the public nuisances on the properties described in the resolution and declared that the abatement costs (including administrative costs incurred by the City) are the responsibility of the property owners.
The City Clerk has, within the time required by law, prepared the assessment list for the abated properties identified in Exhibit A and caused it to be posted on or near the Council Chamber door with the time shown when said list shall be submitted to the City Council for confirmation at 7 p.m. on September 14, 2026.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that:
1. All protests or objections of the property owners, if any, have been overruled by motion.
2. The weed abatement assessments identified in the attached Exhibit A are hereby confirmed, as submitted; and
3. The cost of abating weeds for each property, including the administrative costs, shall become an assessment on the property for the unpaid invoiced amount and placed on the County tax roll.
On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on September 14, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
758
2 RESOLUTION NO. ________
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Daniel Gonzales
Olivia Nashed Daniel Gonzales
City Clerk Deputy City Attorney
Exhibit A – 2026 Weed Abatement Assessments
759
Parcel # Property Address Owner(s) Mailing Address Cost of Work Admin Fee Total Due 098 029800500 659 Andrews St Don Sabin 2415 Olivera Rd, Concord, CA 94520-1678 540.00 351.00 891.00 099 001503502 Las Positas RD Shaheen Sabeeha 34690 Anchor Dr, Fremont , CA 94555 2,000.00 1,300.00 3,300.00 099 001503600 Las Positas RD Shaheen Sabeeha 34690 Anchor Dr, Fremont , CA 94555 3,120.00 2,028.00 5,148.00 Total 5,660.00 3,679.00 9,339.00
Total due is rounded to even cents per County tax rules Attachment 1
The real property described in Resolution No. 2026-056 has been posted as required by law and the City Clerk has given written notice of the abatement to all persons owning the property described in Resolution No. 2026-056 at least five days prior to the date set for the hearing of objections to the abatement.
The City Council will conduct a public hearing to consider and rule on protests on September 14, 2026 at 7:00 p.m. If you have any questions or need assistance prior to the meeting, contact the Livermore-Pleasanton Fire Department at 925-454-2366.
Notice of Public Hearing September 14, 2026
Weed Abatement Assessments
EXHIBIT A
760
CITY COUNCIL STAFF REPORT ITEM NO. 8.1
DATE: September 14, 2026
TO: Honorable Mayor and City Council
FROM: Kristen Hilton, Acting Administrative Services Director SUBJECT: Resolution adopting 180-day wait period exception to hire retired annuitant, Christina Olson, former Administrative Services Director, in accordance with Government Code section 7522.56 of the Public Employees' Retirement Law.
RECOMMENDED ACTION
Staff recommends that the City Council adopt a resolution approving the hiring of retired annuitant, Christina Olson, former Administrative Services Director, in accordance with Government Code section 7522.56 of the Public Employees' Retirement Law.
SUMMARY
A California Public Employees Retirement System (CalPERS) retiree who returns to employment with a CalPERS agency is referred to as a "retired annuitant." CalPERS generally requires retirees to serve a180-day waiting period between their retirement date and their first day of post-retirement employment.
Government Code 7522.56 permits an agency's governing body to waive this requirement when the appointment is critically needed. This appointment is not intended to fill a vacant or regular City position.
This limited duration assignment is specifically intended to support development of the City's upcoming budget and provide training and transitional assistance to newly hired employees. The appointment is necessary due to the specialized nature of the work and current staff capacity and will end when identified projects are completed.
DISCUSSION
Christina Olson recently retired from the City of Livermore after serving as the Administrative Services Director. Since her retirement, the City has hired a new Administrative Services Director and Finance Manager. Both positions have significant responsibilities related to development and administration of the City's budget. The City is currently beginning preparation of the next two-year budget for FY 2027-29, making timely training and knowledge transfer particularly important.
This appointment would be for a limited-duration special-project assignment. Her work will be restricted to assisting with budget development and providing training and transitional support to the newly hired employees. Her institutional knowledge of the City's financial operations, budget processes, systems, 761
and organizational practices make her uniquely qualified to perform this work, and she will only serve in a temporary, supplemental capacity to complete the identified special projects and facilitate and effective transition.
As fewer than 180 days have passed since Ms. Olson retired, City Council approval is required to waive the applicable waiting period. The appointment will be limited in duration and scope, will not exceed 960 hours in a fiscal year, and will end upon completion of the budget and transition assignments.
FISCAL AND ADMINISTRATIVE IMPACTS
Retired annuitants are not entitled to any city employment benefits or property rights associated with regular employment. Therefore, the cost of hire is limited to salary only. The maximum fiscal impact is approximately $102,574 based on the retired annuitant working the maximum 960 hours and will be funded through savings generated by vacant positions in the Administrative Services Department.
COMMUNITY PILLAR
5: A City That Works
GOAL
8: Attract, develop, engage, and retain a diverse and highly skilled workforce across the organization.
ATTACHMENTS
1. Resolution
2. Exhibit A - Conditional Offer Letter
Prepared by: Kristen Hilton
Acting Administrative Services
Director
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Kristen Hilton
Acting Administrative Services Director
762
1 RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION ADOPTING 180-DAY WAIT PERIOD EXCEPTION TO
HIRE A RETIREE IN ACCORDANCE WITH GOVERNMENT CODE
SECTIONS 7522.56 AND 21224
WHEREAS, in compliance with Government (Gov.) Code section 7522.56 of the Public Employees’ Retirement Law, the City Council for the City of Livermore must provide CalPERS this certification resolution when hiring a retiree before 180 days has passed since their retirement date; and
WHEREAS, Christina Olson retired from the City of Livermore in the position of Administrative Services Director, effective May 2, 2026; and WHEREAS, Gov. Code section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is October 30, 2026 without this certification resolution; and WHEREAS, Gov. Code section 7522.56 provides that this exception to the 180- day wait period shall not apply if the retiree accepts any retirement-related incentive; and
WHEREAS, the City Council, the City of Livermore, and Christina Olson certify that Christina Olson has not and will not receive a Golden Handshake or any other retirement-related incentive; and
WHEREAS, the City Council for the City of Livermore hereby appoints Christina Olson as an extra help retired annuitant to perform the duties of a Retired Annuitant – Finance Manager for the City of Livermore under Gov. Code section 21224 effective September 22, 2026; and
WHEREAS, the entire employment agreement, contract or appointment document between Christina Olson and the City of Livermore has been reviewed by this body and is attached herein; and
WHEREAS, no matters, issues, terms or conditions related to this employment and appointment have been or will be placed on a consent calendar; and WHEREAS, the employment shall be limited to 960 hours per fiscal year for all CalPERS employers; and
WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and 763
2 RESOLUTION NO. ________
WHEREAS, the maximum base salary for this position is $18,520.33 and the hourly equivalent is $106.84, and the minimum base salary for this position is $14,816.26 and the hourly equivalent is $85.47; and
WHEREAS, the hourly rate paid to Christina Olson will be $106.84; and WHEREAS, Christina Olson has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate; and
THEREFORE, BE IT RESOLVED THAT the City Council of the City of Livermore hereby certifies the nature of the appointment of Christina Olson as described herein and detailed in the attached appointment document and that this appointment is necessary to fill the critically needed position of Retired Annuitant – Finance Manager for the City of Livermore by September 22, 2026 because the City is beginning development of its upcoming fiscal year budget and requires her specialized knowledge and expertise to assist with that limited duration project and provide training and transitional support to the newly hired Administrative Services Director and Finance Manager. This appointment is not intended to fill a vacancy or perform ongoing regular duties of a regular City position.
On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on September 14, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Kimberly Cilley
Olivia Nashed Kimberly Cilley
City Clerk City Attorney
Exhibit A – Conditional Offer Letter (personal information redacted for publication) 764
[Date to be inserted after the resolution approving the certification is adopted] Christina Olson
813 SOUTH L ST [Home address redacted from publication] Livermore, CA 94550
Dear Christina:
We are pleased to inform you that the City of Livermore is extending an offer of employment to you as a temporary employee in the Finance Division of the Administrative Services Department. Your job title will be Retired Annuitant – Finance Manager. Your first day of employment will be [date to be inserted]. Continued temporary employment is contingent upon the successful completion of the City’s backgrounding process, which includes Livescan fingerprinting and a DMV report. A Human Resources representative will contact you to provide information on scheduling your Livescan fingerprinting appointment.
In accepting this temporary position, you will be paid at the rate of $[pay rate to be inserted] per hour and will be subject to changes in your work shift, schedule, or location as the need of the City may require. Your temporary employment is for up to 29 hours per week not to exceed 960 hours in a fiscal year.
Temporary employees are not eligible for benefits and are at-will employees. As per the City of Livermore Personnel Rules & Regulations, at-will employees are defined as an employee who does not have a legal right to continued employment with the City and who therefore may be disciplined or discharged with or without cause and without the right of appeal. All City of Livermore regular job openings are posted on our website: https://www.governmentjobs.com/careers/livermoreca. Interested candidates are encouraged to review the site regularly as new jobs are frequently posted.
Please confirm your acceptance of our job offer by signing this letter and bringing it to the Human Resources Division on your first day of work.
The Federal Immigration Act requires that you provide us with proof of citizenship or authorization to work in the United States. You are required to provide us with this proof within three days of your hire date. Enclosed is a list of acceptable documents for proof of identity and legal ability to work in the United States. You will need to bring these document(s) to Human Resources on the day you begin your employment with the City, and no later than 72 hours after reporting to work at your jobsite.
EXHIBIT A
765
We welcome you back and wish you every success in your employment with the City of Livermore.
Please contact us if you have any additional questions at (925) 960-4100.
Sincerely,
Kristen Hilton
Human Resources Manager
__________________________ _______________________
Employee’s Signature Date
Enclosures
1. I-9 Lists of Acceptable Documents
2. Retired Annuitants Salary Schedule
EXHIBIT A
766
LISTS OF ACCEPTABLE DOCUMENTS
All documents containing an expiration date must be unexpired. * Documents extended by the issuing authority are considered unexpired.
Employees may present one selection from List A or a
combination of one selection from List B and one selection from List C.
Examples of many of these documents appear in the Handbook for Employers (M-274).
LIST A
Documents that Establish Both Identity
and Employment Authorization OR
LIST B
Documents that Establish Identity
LIST C
Documents that Establish Employment
Authorization AND
1. U.S. Passport or U.S. Passport Card 1. Driver's license or ID card issued by a State or outlying possession of the United States
provided it contains a photograph or
information such as name, date of birth,
gender, height, eye color, and address
1. A Social Security Account Number card,
unless the card includes one of the following
restrictions:
(1) NOT VALID FOR EMPLOYMENT
(2) VALID FOR WORK ONLY WITH
INS AUTHORIZATION
(3) VALID FOR WORK ONLY WITH
DHS AUTHORIZATION
2. Permanent Resident Card or Alien
Registration Receipt Card (Form I-551)
3. Foreign passport that contains a
temporary I-551 stamp or temporary
I-551 printed notation on a machinereadable immigrant visa
2. ID card issued by federal, state or local
government agencies or entities, provided it
contains a photograph or information such as
name, date of birth, gender, height, eye color,
and address
4. Employment Authorization Document
that contains a photograph (Form I-766) 2. Certification of report of birth issued by the Department of State (Forms DS-1350,
FS-545, FS-240)
3. School ID card with a photograph 5. For an individual temporarily authorized to work for a specific employer because
of his or her status or parole:
a. Foreign passport; and
b. Form I-94 or Form I-94A that has
the following:
(1) The same name as the
passport; and
(2) An endorsement of the
individual's status or parole as
long as that period of
endorsement has not yet
expired and the proposed
employment is not in conflict
with any restrictions or
limitations identified on the form.
4. Voter's registration card 3. Original or certified copy of birth certificate issued by a State, county, municipal
authority, or territory of the United States
bearing an official seal
5. U.S. Military card or draft record
6. Military dependent's ID card
4. Native American tribal document
7. U.S. Coast Guard Merchant Mariner Card
5. U.S. Citizen ID Card (Form I-197) 8. Native American tribal document
6. Identification Card for Use of Resident
Citizen in the United States (Form I-179) 9. Driver's license issued by a Canadian government authority
7. Employment authorization document
issued by the Department of Homeland
Security
For examples, see Section 7 and
Section 13 of the M-274 on
uscis.gov/i-9-central.
The Form I-766, Employment
Authorization Document, is a List A, Item
Number 4. document, not a List C
document.
For persons under age 18 who are
unable to present a document
listed above:
10. School record or report card
6. Passport from the Federated States of
Micronesia (FSM) or the Republic of the
Marshall Islands (RMI) with Form I-94 or
Form I-94A indicating nonimmigrant
admission under the Compact of Free
Association Between the United States
and the FSM or RMI
11. Clinic, doctor, or hospital record
12. Day-care or nursery school record
Acceptable Receipts
May be presented in lieu of a document listed above for a temporary period.
For receipt validity dates, see the M-274.
● Receipt for a replacement of a lost,
stolen, or damaged List A document.
● Form I-94 issued to a lawful
permanent resident that contains an
I-551 stamp and a photograph of the
individual.
● Form I-94 with “RE” notation or
refugee stamp issued to a refugee.
OR Receipt for a replacement of a lost, stolen, or
damaged List B document.
Receipt for a replacement of a lost, stolen, or
damaged List C document.
*Refer to the Employment Authorization Extensions page on I-9 Central for more information.
Form I-9 Edition 08/01/23 Page 2 of 4
EXHIBIT A
767
CITY OF LIVERMORE
RETIRED ANNUITANTS
Class
Code Classification Hourly Salary Range Effective Date
8500 Retired Annuitant - Assistant City Engineer $85.48 - $106.85 07/13/26 8505 Retired Annuitant - Senior Civil Engineer $77.01 - $96.26 07/13/26 8510 Retired Annuitant - Associate Civil Engineer $66.74 - $81.12 10/05/26 8516 Retired Annuitant - Principal Planner $76.08 - $95.10 07/13/26 8520 Retired Annuitant - Associate Planner $62.40 - $75.85 10/05/26 8525 Retired Annuitant - Senior Planner $65.43 - $79.54 10/05/26 8530 Retired Annuitant - Police Officer $64.05 - $77.86 05/04/26 8535 Retired Annuitant - Public Safety Dispatcher $48.30 - $58.71 10/05/26 8540 Retired Annuitant - Senior Management Analyst $66.30 - $82.87 07/13/26 8545 Retired Annuitant - Senior Human Resources Analyst $66.30 - $82.87 07/13/26 8550 Retired Annuitant - Public Works Supervisor $63.82 - $79.78 07/13/26 8555 Retired Annuitant - Management Analyst II $61.97 - $77.46 07/13/26 8560 Retired Annuitant - Administrative Clerk I $33.17 - $40.32 10/05/26 8565 Retired Annuitant - Library Clerk $33.17 - $40.32 10/05/26 8570 Retired Annuitant - Senior Mechanic $51.70 - $62.84 10/05/26 8575 Retired Annuitant - Deputy City Clerk $50.39 - $62.99 07/13/26 8580 Retired Annuitant - Assistant City Clerk $61.97 - $77.46 07/13/26 8585 Retired Annuitant - City Clerk $73.87 - $92.34 07/13/26 8590 Retired Annuitant - Administrative Services Director $105.59 - $131.99 04/13/26 8591 Retired Annuitant - Finance Manager $85.48 - $106.85 09/14/26
EXHIBIT A
768
CITY COUNCIL STAFF REPORT ITEM NO. 8.2
DATE: September 14, 2026
TO: Honorable Mayor and City Council
FROM: Marianna A. Burch, City Manager
SUBJECT: Appoint a Voting Delegate and an Alternate Voting Delegate to Represent the City of Livermore at the 2026 League of California Cities Annual Conference and Expo.
RECOMMENDED ACTION
Staff recommends the City Council appoint a voting delegate and up to two alternate voting delegates to vote on behalf of the City of Livermore during the General Assembly at the 2026 League of California Cities Annual Conference and Expo.
SUMMARY
Each year, at the League of California Cities ("Cal Cities"), a General Assembly of the member cities meets to consider and take action on resolutions that establish League policy. In order for City representatives to vote during the General Assembly, the City Council must designate a voting delegate and up to two alternate delegates.
DISCUSSION
The League of California Cities ("Cal Cities") was founded in 1898. The organization partners with City leaders across the State of California, to expand and protect local control through education and advocacy. Cal Cities offers education and training programs for City leaders and hosts conferences to provide an open forum for California cities' officials to meet and share information and experiences.
Cal Cities will be hosting its Annual Conference and Expo on September 23-25, 2026 in Anaheim California. On the last day of the conference, a General Assembly Meeting is held for member cities, to consider and act on resolutions that establish Cal Cities policies. In order to participate in the General Assembly as a member city, the City of Livermore must appoint a voting delegate and up to two alternate voting delegates to vote on the proposed Cal Cities resolutions. The voting delegate and alternate voting delegate(s) must be registered to attend the conference. The members of the Livermore City Council attending the conference are: Vice Mayor Wang, Council Members Barrientos, Branning and Dunbar.
After the delegate and alternates have been designated by the City Council, staff will submit the online Voting Delegate form to Cal Cities before the commencement of the conference. The deadline to submit 769
the Voting Delegate form was September 1, 2026, staff has received permission from Cal Cities to submit the form after Council action has been taken, due to the Council recess in August.
FISCAL AND ADMINISTRATIVE IMPACTS
There are no fiscal or administrative impacts associated with the designation of the voting and alternate voting delegates.
COMMUNITY PILAR
5: A City That Works
GOAL
3. Oversee the City's legislative advocacy efforts.
ATTACHMENTS
1. 2026 Cal Cities Voting Delegate Information Packet
Prepared by: Olivia Nashed
City Clerk
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Kristen Hilton
Acting Administrative Services Director
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1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: Wednesday, May 13, 2026
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Sept. 23-25, 2026 Anaheim Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.
Taking place on Friday, Sept. 25, 2026 the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.
To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.
Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.
Following council action, please submit your city’s delegates through the online submission portal by Tuesday, Sept. 1, 2026. When completing the Voting Delegate submission form, you will be asked to attest that council action was taken. You will need to be signed in to your My Cal Cities account when submitting the form.
Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre-conference communications with voting delegates.
Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration opens June 2.
For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and Council Action Advised by September 1, 2026
771
alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.
Please view Cal Cities’ event and meeting policy in advance of the conference.
Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.
Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.
The voting delegate desk, located in the conference registration area of the Anaheim Convention Center, will be open at the following times: Wednesday, Sept. 23, 8:00 a.m.-6:00 p.m. and Thursday, Sept. 24, 7:30 a.m.-4:00 p.m. On Friday, Sept. 25, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.
The voting procedures that will be used at the conference are attached to this memo.
Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.
Once again, thank you for submitting your voting delegate and alternates by Tuesday, Sept. 1. If you have questions, please contact Zach Seals at [email protected].
Attachments:
• General Assembly Voting Guidelines
• Information Sheet: Cal Cities Resolutions and the General Assembly 772
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org General Assembly Voting Guidelines
1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.
2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.
3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.
4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.
5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.
6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.
7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.
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Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.
How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control.
The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how resolutions and the General Assembly work.
The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.
Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.
Recommendations are forwarded
to the Resolutions Committee.
Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.
Voting delegates
are appointed by each
member city; every city
has one voting delegate.
The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.
Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.
Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.
During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.
Cal Cities policy
development is a memberinformed process,
grounded in the voices and
experiences of city officials
throughout the state.
For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.
General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.2
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f). 774